Madras High Court Directs State Govt To Frame Rules Under PoSH Act, Consider Bringing Separate Dept For Women Empowerment

Justice RN Manjula noted that though it was not fair to assume that the State lacked intention to implement the Act, the presence of inherent indifference could not be denied.

In its 139-page order, the court also noted that all women welfare projects were entrusted with Social Welfare and Women Empowerment Department, which was also responsible for Child welfare. The court observed that since the department was already saddled with so many responsibilities, it could be difficult for them to monitor all the departments regarding implementation of Act. The court thus asked the State to conduct a study on the feasibility of having a separate department for women empowerment by, separate from the Social Welfare Department.  

"To submit a report as to the feasibility of having a Separate department for Women Empowerment by separating it from the Social welfare and Women Empowerment, by considering the load of work and targets to be achieved," the court said.

The court directed the State Women Commission to submit a copy of draft rules, which it had prepared, to the State Government which shall be scrutinised, approved and published.

“As the State Government has not yet framed the rules for the PoSH Act. The State Women Commission has filed the model draft rules which are very exhaustive. The State Women Commission shall submit a copy of the draft rule to the state Government within 2 weeks and the State Government shall scrutinize the rules and make necessary changes if it deems fit and finish the approval and publish the approved rules and submit a report about the process in this regard during the next hearing,” the court observed.

Further, the court also observed that there was no basic knowledge among the officers of the Government agencies about the features of the PoSH Act. The court found it shocking that in an RTI application seeking details of the establishment of Internal Complaints Committee, the District Industrial Centre informed that the Trade Unions were asked to form the committees.

“In a shocking response given to a social worker under RTI Act with regard to the constitution of internal committees in certain unorganised sectors, an information officer of a District Industrial Centre has given a reply stating that the Trade Unions were addressed to implement the formation of such committees. This sad state of affairs would show that there is no basic knowledge among the officers of the Government agencies about the Act and its essential ingredients,” the court said.

The court thus directed the State Government to create an official website, giving reference to each of the Complaints Committee and to create a dashboard to provide information about the number of committees, details of the members in the committee, number of complaints received, number of complaints resolved, number of reports submitted and the details of action taken.

The court directed the State government and the National and State Women Commission to offer suggestions to compel gender sensitisation and awareness for employees. The court added that the authorities should take efforts to make sure that persons who are paid with public money do not indulge in gender discriminatory acts like sexual harassment against women in workplace in violation of gender equality.

The court also asked the State to submit a report as to whether sufficient funds were being spent to carry out the functions under the Act and in case of insufficiency of fund, explain the steps taken to generate funds. The court also sought details of the manner in which funds were utilised.

The court further directed the State to conduct a feasibility study on including gender sensitisation as part of competitive exams for employment in Central and State departments and to have similar basic level pass for persons working in basic service.

Among other things, the court also suggested bringing in a gender sensitivity audit squad to inspect workplaces and to mandate a gender sensitivity clearance certificate issued by a Technical Authorities (Gender) at the Central /State /District/ Taluk/ Village level as a condition precedent to get license to carry out any business, start any company, school, hospital industry or a shop, etc.

The directions were issued in a batch of pleas challenging actions taken in connection with sexual harassment complaints filed by the petitioner victims.

Counsel for the Petitioner: Mr.Niranjan S.Kumar, Mr.K.Vamanan, Dr.U.Nirmala Rani-Amicus Curiae

Counsel for the Respondent: Mr.Veerakathiravanan AAG assisted by Mr.S.Shanmugavel, AGP, Mr.N.Ramesh Arumugam,GA, M/s.David Sundar Singh Ms. J.R.Annie Abinaya, Mr.K.Govindarajan, Mr.R.Karthic Rajan, Mr.S.Bharathy Kannan, Mr.A.K.Manikkan

Citation: 2024 LiveLaw (Mad) 461

Case Title: X v. State

Case No: W.P.(MD)Nos.13981, 9747 & 12601 of 2024