Supreme Court Imposes Cost On States For Failure To Report Compliance With Order Directing Implementation Of POSH Act

The Supreme Court today (February 11) imposed Rs.5,000 as a cost on the States for failing to comply with the December 3, 2024 order in which comprehensive directions were passed for the effective compliance of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).The order particularly emphasised "decentralising" the POSH Act to take on board the private sectors, which the Union also pointed out is a "red flag" because they have been "very hesitant" in implementing the POSH Act, especially in constituting Internal Complaints Committee for hearing complaints pertaining to allegations of sexual harassment.A bench of Justices BV Nagarathna and NK Singh passed further orders in addition to the orders passed by this Court on May 12, 2023, and October 22, after it had observed that there were "serious lapses" in the implementation of the POSH Act. It has stated that a copy of the Court's order shall be taken by the respective State counsel to the State Secretaries for compliance and a status report has to be filed in response to the same. The matter was listed to be heard today. When the matter came up today before a bench of Justices B.V. Nagarathna and Satish Chandra Sharma, amicus curiae Padma Priya apprised the bench that most of the affidavits of compliance were filed recently. Some of these were even filed yesterday and some States are yet to file the affidavit.As per the office report submitted by the amicus, Nagaland, Goa, Rajasthan, Uttrakhand, Odisha, Mizoram, Karnataka, Tripura, Bihar, Gujarat, Haryana, Tamil Nadu, Assam, Uttar Pradesh and Sikkim and Union Territories of Chandigarh, Andaman and Nicobar Islands, NCT of Delhi have filed affidavits of compliance. Hearing this, Justice Nagarathna said: "How much cost [shall we impose]? Tell us the cost...We will grant time subject to cost. "Senior Advocate Sanjay Parikh added that even though the affidavits have been filed, the ground reality has not changed. The Court stated that Priya will study the affidavits and report on how much compliance has taken place and what further needs to be made.The order passed: "The learned counsels for the aforesaid States have sought for some more time to file affidavits. In the circumstances, we grant 3 weeks time to file the affidavit subject to the payment of the cost of Rs.5,000 payable to the Supreme Court Legal Services Committee within a period of 2 weeks. List on March 25."Following directions were passed by the Court on December 3:Appointment of District Officers, Nodal Officers1. Need for appropriate Government to notify District Magistrate/Additional District Magistrate/Collector/Deputy Collector including the Deputy Commissioner of a district as 'District Officer' for every district to exercise powers or discharge functions under the POSH Act.2. Every District Officer has to constitute in the district concerned a committee known to be known as the 'Local Committee' to receive complaints of sexual harassment from establishments as stipulated under Section 6 of the POSH Act, where the Internal Complaints Committee (ICC) has not been constituted due to having less than 10 workers or if the complaint is against the employer himself.District Officer shall constitute a committee in terms of Section 7(1) wherever the Local Committee has not been constituted. The aforesaid may carried out within a stipulated time.3. District Officer has to designate one Nodal Officer in every Block/Taluka/Tehsil in rural or tribal areas or municipality in urban areas to receive complaints and forward the same to the Local Committee within a period of 7 days from date of receipt.4. Chief Secretaries of States to ensure that Magistrate/District Magistrate/Collector/Deputy Collector to be appointed district officers ex-officio for every district in the State.Local Committee-tenure and other conditions1. Jurisdiction of Local Committee extends to the area of the district where it is constituted.2. Local Committee is in addition to the ICC particularly where the ICC has not been constituted owing to less than 10 workers.3. The Local Committee would assist a complainant if the complaint is against the employer himself.4. For the aggrieved woman to make a complaint to the Local Committee, the names of the Nodal Officers and their designation for each block/Taluk/Tehsil or Municipality shall be notified on the website of the District Officer who is none other than the District Magistrate/Collector etc.SHeBox Portal1. In whichever States or Union Territories the SHeBox portal is instituted by the State Governments or UT, they shall also indicate the names and designation of the Nodal Officers for each districts.2. District Officer must ensure that ICC is constituted within the organisations in the districts having regard to Section 26 of the POSH Act where a penalty is envisaged where an employer fails to constitute an ICC. It must also ensure compliance with the duties under Section 20 of...

Supreme Court Imposes Cost On States For Failure To Report Compliance With Order Directing Implementation Of POSH Act

Gursimran Kaur Bakshi

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