Supreme Court Issues Comprehensive Directives for Strict Enforcement of the POSH Act, 2013

Keywords: Supreme Court, POSH Act, Sexual Harassment, Internal Complaints Committees, Workplace Safety, Women’s Rights.

Introduction

The Supreme Court of India has taken a significant step toward strengthening the enforcement of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). Highlighting the persistent gaps in compliance, especially in the private sector, the Court issued a set of far-reaching directives to ensure effective implementation and decentralisation of responsibilities under the Act. This landmark ruling underscores the urgency of creating safe and inclusive workplaces for women, a decade after the legislation’s enactment.

The Supreme Court’s Observations

A bench comprising Justice BV Nagarathna and Justice NK Singh expressed deep concern over the “serious lapses” in the enforcement of the POSH Act, calling it a “sorry state of affairs.” The Court observed that many private organisations had failed to constitute Internal Complaints Committees (ICCs), which are mandatory under the Act. The reluctance of private entities to comply with the law, even after multiple reminders, reflected poorly on their commitment to workplace safety.

The Court pointed out that decentralisation was critical to improving compliance, particularly in smaller organisations and unorganised sectors. The need for stricter oversight mechanisms, including district and block-level implementation, was deemed essential for bridging the existing gaps in enforcement.

Key Directives Issued by the Supreme Court

1. Nationwide Compliance Survey
   • The Chief Secretaries of all States and Union Territories (UTs) have been instructed to conduct a nationwide survey identifying public and private organisations that have not constituted ICCs.
   • The survey report must be submitted to the Supreme Court by March 31, 2025.
2. Decentralisation of Oversight
   • District Officers/Nodal Officers:
     Each district will appoint officers, such as District Magistrates or Deputy Collectors, by December 31, 2024, to oversee the implementation of the POSH Act. These officers will ensure compliance and take action in cases of non-compliance.
   • Local Committees:
     • Local Committees are to be constituted where ICCs are not formed, especially in establishments with fewer than 10 employees or where the employer is the accused.
     • These committees will address sexual harassment complaints at the district level.
   • Nodal Officers:
     Nodal Officers must be appointed at each block, taluka, or municipality level to receive complaints and forward them to the Local Committees within seven days.
3. Strengthening Government and Public Sector Compliance
   • All government ministries, departments, and public sector undertakings must establish Local Committees by January 2025.
4. Integration with the SHeBox Portal
   • States and UTs that have adopted the SHeBox portal—an online platform for filing sexual harassment complaints—must display the names and designations of Nodal Officers on the platform, enhancing accessibility for aggrieved women.

Implications for the Private Sector

The Court’s ruling places renewed accountability on the private sector, which has been slow in complying with the POSH Act. Organisations that fail to establish ICCs may face strict penalties, as compliance surveys will identify such defaulters. The directives also aim to address the challenges faced by employees in unorganised sectors, where workplace harassment often goes unreported due to a lack of formal mechanisms.

Ensuring Justice through Decentralisation

By decentralising the enforcement framework, the Supreme Court’s directives address two major challenges:

• Accessibility: Women in rural and remote areas can now file complaints more easily through Local Committees and Nodal Officers.
• Timely Redressal: The involvement of district-level officers ensures a quicker response to complaints, reducing delays in justice delivery.

The appointment of Nodal Officers at the block level and their integration with the SHeBox portal further simplifies the process, offering women a seamless and accessible grievance redressal mechanism.

Conclusion

The Supreme Court’s proactive approach in reinforcing the POSH Act is a critical step toward ensuring safer workplaces for women across India. By setting strict timelines for compliance and decentralising responsibilities, the directives pave the way for more robust enforcement of the Act.

These measures underscore the judiciary’s commitment to upholding women’s right to a harassment-free workplace and bridging the gap between legislation and its on-ground implementation. As the March 2025 deadline approaches, organisations—both public and private—must take immediate action to align with the Court’s directives and foster safer, more inclusive workplaces.

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