In a move aimed at bolstering protections under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, the Supreme Court has issued a series of directions to States and Union Territories to ensure the effective implementation of complaint mechanisms and the constitution of requisite committees.

The Bench of Justices BV Nagarathana and Justice Nongmeikapam Kotiswar Singh emphasized the importance of compliance with Sections 4, 5, 6, and 7 of the Act, which mandate the creation of Internal Complaints Committees (ICCs) and Local Committees (LCs) in workplaces and districts respectively.

The Court highlighted the need for States to activate their existing She-Box portals or institute new ones to facilitate the lodging of complaints by aggrieved women. "Every state could also think of instituting a She-box for the purpose of registering complaints, either before the Internal Complaints Committee of a workplace or through a Local Committee of a district as a means of access to make such a complaint, and if any such She-box is or has been constituted by the State Government/Union Territory, the same shall be activated, and the complaints received shall in turn be referred to the respective Internal Complaints Committee or the Local Committee, as the case may be," the Court said.

The Bench passed the following directions:

1. Appointment of District Officers: All States/UTs must appoint District Magistrates, Collectors, or equivalent officers as District Officers by December 31, 2024, to oversee the implementation of the Act.

2. Constitution of Local Committees: Local Committees must be constituted in districts by January 31, 2025, particularly in areas lacking ICCs due to workplaces with fewer than ten employees or cases involving the employer.

3. Implementation of ICCs: Both State and Central Government entities must establish or reconstitute ICCs by January 31, 2025, ensuring their presence in all departments, instrumentalities, and public sector undertakings.

4. Facilitating Complaints via Legal Services Institutions: The National Legal Services Authority (NALSA) was commended for its efforts in providing three pathways for aggrieved women to seek assistance:

-Through legal services clinics and para-legal volunteers (PLVs).

-Via the NALSA helpline (15100).

-Through the Legal Services Management System accessible on NALSA's website.

These institutions must also assist women in filing complaints with ICCs or LCs and, if required, guide them to approach local police.

5. Survey of Workplaces: District Officers are directed to survey workplaces within their jurisdiction to verify the presence of ICCs and ensure compliance. A report on this survey must be submitted to the Supreme Court by March 31, 2025.

The Court further directed, "The Chief Secretaries of States/Territories shall ensure that the Internal Complaints Committee shall be constituted or reconstituted, as the case may be, having regard to Section 4 of the 2013 Act in respect of their Government Departments, instrumentalities and agencies of the State Government and public sector units and other units coming under the supervision and control of the State Governments/Union Territories by 31.01.2025. Similarly, Union of India/Central Government shall take steps to constitute or re-constitute, as the case may be, the Internal Complaints Committee in respect of a workplace, wherever the same has not yet been accomplished on or before 31.01.2025 in respect of its departments, instrumentalities, and agencies."

"The respective States/Union Territories to file the affidavits in compliance of these directions, and copies of the said affidavits shall be e-mailed to learned ASG, learned Amicus Curiae, learned AOR for the petitioner(s) in W.P. No. 1224/2017. The said affidavits shall be filed in the first week of February, 2025, indicating the compliance of the aforesaid directions. The Legal Services Institutions at the Central, State, District, and Taluka levels shall assist an aggrieved woman to make a complaint under the provisions of the 2013 Act as and when approached," the Court added.

Accordingly, the Court has scheduled the matter for further hearing on February 11.

Earlier, in August, the Court had 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 had 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."

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.

Cause Title: Aureliano Fernandes v. State of Goa and Others

Appearance:-

Petitioner: Senior Advocate Sanjay Parikh, Advocates Kritika, Sanjana Grace Thomas, Tara Elizabeth Kurien, D.P.Singh, Srishti Agnihotri (AoR), Atul Jha, Dharmendra Kumar Sinha

Click here to read/download the Order


Justice BV NagarathanaJustice Nongmeikapam Kotiswar Singh

Sukriti Mishra