The Supreme Court today directed the Centre to file an affidavit stating the details that have to be displayed pertaining to the Internal Committee (IC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (POSH) on dashboards of each state/UT. The Court said that once the Centre comes up with the details, it will then direct all the States and UTs to replicate the process.

Terming the display of information of ICs on display boards as a "PAN India exercise," the Bench of Justice Hima Kohli and Justice Sandeep Mehta said, "That will have to be replicated by all States and UTs too. Creating a dashboard will be an exercise that will have to be taken Pan India."

During the hearing, the Court noted that the Amicus has filed a note of hearing for today, compiling the information served on affidavits by the Union of India, States/UTs.

The amicus curiae, Advocate Padma Priya, informed the Bench that in many cases the Internal Committee’s (ICs) constitution is not in terms of the provisions of the POSH Act, and in some cases, the IC is headed by a male member, which is impermissible under the POSH Act and rules.

Justice Mehta suggested that a method has to be adopted which has minimum human interference.

Additional Solicitor General (ASG) Aishwarya Bhati for the Union of India (UOI) contended that the Centre is in the process of making available a dashboard where all the information relating to the ICs constituted under the various departments of UOI shall be displayed. She also submitted that the dashboard is under trial.

The Court opined that a similar exercise must be undertaken by all State governments and UTs. “A dashboard shall be created by them, displaying the relevant information relating to the constitution and members of the ICs,” the Court said.

ASG Bhati told the Court about Mission Shakti, which is an integrated platform for one-stop centres etc.

On being asked what all steps should be taken by State governments to replicate the process, the ASG sought permission to place everything on affidavit.

ASG Bhati also suggested that the dashboard shall constitute of the following, the constitution of the committee, the date on which it was constituted, the total number of complaints received, disposed and pending, etc.

Justice Kohli said, "We suggest that you (Centre) Ms. Bhati come up with your dashboard, then we will ask the States and UTs to replicate."

The Court directed the Union of India to file an affidavit furnishing details of the dashboard sought to be created and the nature of information that shall be available on it.

Pertinently, on April 9, the Court had appointed an Amicus Curiae in a matter wherein it had issued a slew of directions under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act (POSH) on May 12, 2023. The Court had taken note of the fact that many State Governments/UTs except, UT of Ladakh, National Capital Territory (NCT), the Railways, State of Goa, Chandigarh, Bihar, and Nagaland had not complied with the Court's Order.

“Despite specific directions issued by this Court, in the operative para 77 of the Judgment issued by this Court, Affidavits are still awaited from the Union of India, most of the State governments and UTs. As also from other agencies. It is now almost a year since the directions were issued by this Court for strict compliance. Having regard to the import of the matter, it is deemed appropriate to appoint an Amicus Curiae to assist the Court,” the Court had ordered.

The Apex Court was hearing an appeal against a Bombay High Court judgment that had dismissed the Appellant from services and future employment by accepting the report of the Standing Committee, which was constituted under the POSH Act. The Court had come to the conclusion that there were glaring defects and procedural lapses in the inquiry proceedings. In light of the same, it had held that the Appellant could not be faulted for questioning the process and its outcome.

Consequently, the Court had taken a considered view that the proceedings conducted by the Committee fell short of the "as far as practicable" norm prescribed in the relevant Rules. Therefore, the decision to terminate the services of the Appellant was set aside.

The Court had also issued an epilogue, wherein it observed that however salutary the POSH enactment may be, it will never succeed in providing the dignity and respect that women deserve at the workplace unless there is strict adherence to the enforcement regime and a proactive approach by all the State and non-State actors. In light of the same, the Apex Court had deemed it appropriate to issue a slew of directions.

Cause Title: Aureliano Fernandes v. State of Goa and Others [Diary No. 22553-2023]

Justice Hima KohliJustice Sandeep MehtaPOSH Act

Sukriti Mishra