The Complete Supreme Court Annual Digest- 2023 [Part-XIX]

Sexual Harassment 'Aggrieved woman' not covering lgbtqia persons : Supreme Court refuses plea to make its sexual harassment regulations gender-neutral. Binu Tamta v. High Court of Delhi, 2023 LiveLaw (SC) 969 In sexual harassment cases, Courts shouldn't get swayed by 'hyper technicalities; must consider broader context. Union of India v. Dilip Paul, 2023 LiveLaw (SC) 959 States/UTs must notify 'district officers' under POSH Act: Supreme Court issues slew of directions. Initiatives For Inclusion Foundation v. Union of India, 2023 LiveLaw (SC) 910 : (2024) 1 SCC 779 Ensure ICCs are constituted under POSH Act : Supreme Court to all Govts, Statutory Professional Bodies, Universities etc. Aureliano Fernandes v. State of Goa, 2023 LiveLaw (SC) 424 : AIR 2023 SC 2485 : (2023) 7 SCR 772 : (2024) 1 SCC 632 'Serious lapses in POSH Act enforcement': Supreme Court issues directions to strengthen law protecting women from Sexual Harassment at workplace. Aureliano Fernandes v. State of Goa, 2023 LiveLaw (SC) 424 : AIR 2023 SC 2485 : (2023) 7 SCR 772 : (2024) 1 SCC 632 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 - Supreme Court issued directions for the effective implementation of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013. (Para 22) Initiatives For Inclusion Foundation v. Union of India, 2023 LiveLaw (SC) 910 : (2024) 1 SCC 779 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) - Directions - To fulfil the promise that the PoSH Act holds out to working women all over the country, it is deemed appropriate to issue the following directions : (I) The Union of India, all State Governments and Union Territories are directed to undertake a timebound exercise to verify as to whether all the concerned Ministries, Departments, Government organizations, authorities, Public Sector Undertakings, institutions, bodies, etc. have constituted ICCs/LCs/ICs, as the case may be and that the composition of the said Committees are strictly in terms of the provisions of the PoSH Act. (ii) It shall be ensured that necessary information regarding the constitution and composition of the ICCs/LCs/ICs, details of the email IDs and contact numbers of the designated person(s), the procedure prescribed for submitting an online complaint, as also the relevant rules, regulations and internal policies are made readily available on the website of the concerned Authority/Functionary/Organisation/Institution/Body, as the case may be. The information furnished shall also be updated from time to time. (iii) A similar exercise shall be undertaken by all the Statutory bodies of professionals at the Apex level and the State level (including those regulating doctors, lawyers, architects, chartered accountants, cost accountants, engineers, bankers and other professionals), by Universities, colleges, Training Centres and educational institutions and by government and private hospitals/nursing homes. (iv) Immediate and effective steps shall be taken by the authorities/ managements/employers to familiarize members of the ICCs/LCs/ICs with their duties and the manner in which an inquiry ought to be conducted on receiving a complaint of sexual harassment at the workplace, from the point when the complaint is received, till the inquiry is finally concluded and the Report submitted. (v) The authorities/management/employers shall regularly conduct orientation programmes, workshops, seminars and awareness programmes to upskill members of the ICCs/LCs/ICs and to educate women employees and women's groups about the provisions of the Act, the Rules and relevant regulations. (vi) The National Legal Services Authority (NALSA) and the State Legal Services Authorities (SLSAs) shall develop modules to conduct workshops and organize awareness programmes to sensitize authorities / managements / employers, employees and adolescent groups with the provisions of the Act, which shall be included in their annual calendar. (vii) The National Judicial Academy and the State Judicial Academies shall include in their annual calendars, orientation programmes, seminars and workshops for capacity building of members of the ICCs/LCs/ICs established in the High Courts and District Courts and for drafting Standard Operating Procedures (SOPs) to conduct an inquiry under the Act and Rules. (viii) A copy of this judgment shall be transmitted to the Secretaries of all the Ministries, Government of India who shall ensure implementation of the directions by all the concerned Departments, Statutory Authorities, Institutions, Organisations etc. under the control of the respective Ministries. A copy of the...

The Complete Supreme Court Annual Digest- 2023 [Part-XIX]

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