Supreme Court Directs District-Wise Survey To Ascertain POSH Act Compliance By Employers

The Supreme Court on August 12 directed that an extensive Survey within 6 weeks be conducted to collect information on the constitution of the Internal Committee (formerly Internal Complaints Committee) in all the Government and Private institutions within every district of each State. It also directed the Labour Commissioner in each District and Chief Labour Officer of each State to supply the information on the entities registered so that information on the constitution of the Internal Committee could be supplied to the Deputy Commissioner or officer similarly placed, which in turn could be used for the survey. The Court orally warned that failure to comply with the said directions, it will order the Labour Department not to renew the license of the entities.The direction was passed after the Court was informed that only the Union Territory of Andaman and Nicobar had successfully carried out a district-wise survey of the constitution of the Internal Committee, including in private institutions. It was informed that Andaman and Nicobar also have an Internal Committee in private institutions as well as government institutions.A bench comprising Justice BV Nagarathna and Justice KV Viswanathan was hearing a suo moto matter in which the Court, on December 3, last year, passed comprehensive directions for the effective implementation of the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The directions included the constitution of the Internal Committee at workplaces in consonance with provisions of the POSH Act, appointment of District officers, constitution of Local Committee by the concerned District Officer, to name a few. Since then, the Court has followed up on the matter and imposed costs on States and Union Territories for failing to file a compliance affidavit.As of May 21, Advocate and Amicus Padma Priya have submitted the following status report:1. All States have complied with the direction of the appointment of District Officers. 2. Most States have constituted Local Complaint Committees, except that there is no clarity of compliance by Delhi, Haryana, Jharkhand and Kerala. 3. Most States have issued appropriate directions for the constitution and reconstitution of the Internal Committee. However, the Court had directed a district-level survey as to the constitution of the Internal Committee in all Government and private institutions in every district of the State. Many States have not complied with it.4. Most States have appointed Nodal Officers specifically under Section 6(3) of the POSH Act. However, there is still no clarity from Chandigarh, Department of Women and Child Development, Government of NCT of Delhi, Goa, Haryana, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Rajasthan and Sikkim.Yesterday, Adv Padma Priya informed the Court that there is still an issue in regards to the survey to be done in each district. She said that while most States have said that the survey is undergoing, other States have dodged the question. The survey is supposed to be carried out by the Deputy Commissioners or the District Magistrate in each district.The Court ordered: "Learned counsel for NALSA submitted that under the website of NALSA, the relevant information has been put up on the effective implementation of the Act pertaining to as to how an aggrieved woman has to approach the legal services institution for free legal aid and also for the lodging of complaint under the provisions of the Act...She has also drawn our attention to the creation of the National Women Helpline-181, Cybercrime Helpline-1930, and toll-free National Legal Aid Helpline-1510 which could be of assistance to aggrieved woman to register complaint under provision of Act or seek legal aid or advise. Annexure A is the list of District Officers appointed under Section 5 of the Act in respect of 27 States and Union Territories. She submitted that so far as remaining is concerned, as and when the information is provided, it will be put on the website. Ms Rashmi Nandakumar, learned Senior Counsel for the petitioner in response to earlier note pointed out so far as the implementation of the directions issued by this Court on 3.12.2024, so far as the survey is to be conducted for ascertaining whether there has been a constitution of the Internal Complaints Committee in various private organisations. She drew our attention to an order dated 19 October 2023 and directions G(XII)...She submitted that in order to assist the Deputy Commissioners, District Magistrates, or Collector to comply with the directions of this Court for conducting a survey, as directed by this Court, the Chief Labour Commissioner of each State could ensure that the relevant data is collected by the District Labour Commissioner or equivalent officer in each district so that said collection in turn be submitted to District Officer and District Officer could in turn match the said data to the Chief Secretaries of States and Union Territories who...

Supreme Court Directs District-Wise Survey To Ascertain POSH Act Compliance By Employers

Gursimran Kaur Bakshi

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