The Supreme Court of India has issued a directive to ensure the implementation of Internal Complaints Committees (ICC) for addressing sexual harassment at workplaces across all government departments and undertakings.
This move aims to enforce the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, more uniformly across the country.
ICC Implementation: Background and Court’s Directives
The directive comes in response to a petition filed by a former head of department at Goa University, Aureliano Fernandes, who challenged an order of the Bombay High Court over allegations of sexual harassment against him.
The Supreme Court set aside the high court order, noting procedural lapses in inquiry proceedings and violation of the principles of natural justice.
The court expressed its disquiet over the “serious lapses” in the enforcement of the 2013 POSH Act.
This concern remains despite the long time since the Act’s enactment.
A bench of Justices B.V. Nagarathna and N. Kotiswar Singh issued a slew of directions to ensure nationwide compliance with the POSH Act.
The court directed all states and union territories to appoint an officer in each district by December 31, 2024.
This officer would then constitute a local complaints committee by January 31, 2025.
Additionally, nodal officers are to be appointed at taluka levels to oversee the implementation.
Survey, Reporting, Enforcement and Penalties
The apex court directed deputy commissioners and district magistrates to survey public and private organizations for ICC compliance under Section 26 of the POSH Act and submit reports.
They are also required to engage with private sector stakeholders to ensure ICC constitution and adherence to statutory provisions.
The court granted time until March 31, 2025, for the compliance of its directions. It also directed chief secretaries to oversee the execution.
The court emphasized the importance of uniform implementation of the POSH Act across the country.
Section26 of Act provides for imposition of penalty of up to ₹50,000 on an employer who fails to make committee.
It also penalizes any employer who does not comply with other provisions of the Act.
The court’s direction aims to address the “sorry state of affairs” reflecting poorly on state functionaries, public authorities, and private undertakings.
The Supreme Court’s directive is a step towards ensuring a safer and more inclusive workplace for women across India.
Note: We are also on WhatsApp, LinkedIn, Google News, and YouTube, to get the latest news updates, Subscribe to our Channels. WhatsApp– Click Here, Google News– Click Here, YouTube – Click Here, and LinkedIn– Click Here.
