Supreme Court of India has issued binding directives mandating strict compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013—commonly known as the POSH Act.
The Court has ordered that all workplaces, regardless of size or sector, must establish Internal Complaints Committees (ICCs) or Local Committees (LCs) by the end of 2025.
The ruling, delivered in Aureliano Fernandes v. State of Goa & Ors., sets September 28, 2025, as the final deadline for full compliance.
The judgment comes in response to continued lapses in enforcement, particularly in the private sector, where many organizations have failed to implement the law more than a decade after its enactment.
Key Compliance Mandates: ICCs, Training, and Oversight
The Supreme Court’s directives include a comprehensive checklist for employers and authorities:
- Mandatory ICC Formation: All organizations with 10 or more employees must constitute Internal Complaints Committees with at least four members, including a senior woman officer and an external expert.
- Local Committees for Smaller Establishments: For workplaces with fewer than 10 employees or where the employer is the respondent, District Officers must ensure the formation of Local Committees.
- Training and Awareness: Employers are required to conduct regular training programs for employees and ICC members to ensure procedural clarity and sensitivity.
- Policy Disclosure: Organizations must publish their POSH policy and ICC details on their websites and in employee handbooks.
- Annual Reporting: Companies must submit annual reports detailing the number of sexual harassment complaints received and resolved, and disclose compliance status in their directors’ report under the Companies Act, 2013.
- Inspections and Penalties: Labour Commissioners and District Magistrates have been empowered to inspect workplaces and impose penalties for non-compliance, including license cancellation.
POSH Enforcement Timeline and Administrative Accountability
To ensure timely implementation, the Court has set clear deadlines:
- By December 31, 2024: Appointment of District Officers and Nodal Officers in every district, block, and municipality.
- By January 2025: Establishment of Local Committees in all government ministries, departments, and public sector undertakings.
- By March 31, 2025: Completion of a nationwide survey identifying organizations that have failed to form ICCs.
Chief Secretaries of all States and Union Territories have been assigned to oversee the survey process. They are also responsible for submitting compliance reports to the Court.
Why the Directive Was Necessary
The Court cited several reasons for its intervention:
- Persistent Non-Compliance: The POSH Act has been in force since 2013. Yet, many organizations either failed to establish Internal Complaints Committees (ICCs) or created them only in name, without genuine implementation.
- Lack of Awareness and Training: Small and medium enterprises often lacked clarity on their obligations, leading to procedural gaps.
- Weak Enforcement: District Officers and Labour Commissioners had not consistently monitored compliance, resulting in uneven implementation across states.
- Fundamental Rights at Risk: The Court emphasized that workplace safety is a fundamental requirement for women. Their constitutional rights to equality, dignity, and the freedom to pursue any profession closely tie workplace safety to their protection.
Justice BV Nagarathna, who authored the judgment, noted, “Protection from sexual harassment is not a privilege—it is a legal and constitutional right. Compliance with the POSH Act is not optional.”
Note: We are also on WhatsApp, LinkedIn, and YouTube to get the latest news updates. Subscribe to our Channels. WhatsApp– Click Here, YouTube – Click Here, and LinkedIn– Click Here.
