Case So Far

This suo motu matter before the Supreme Court is a ongoing one, the Bench began monitoring the effective implementation of the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”). On 3 December 2024, the Court issued a set of comprehensive compliance directions aimed at ensuring uniform enforcement of the Act across the country. These included the mandatory appointment of District Officers under Section 5, constitution or reconstitution of Local Committees by 31 January 2025, verification that all government and private workplaces had Internal Committees (IC) constituted under Section 4, and the conduct of a district-wise survey to confirm compliance.

In this case of Aureliano Fernandes vs. State of Goa (Civil Appeal No. 2482 of 2014), the Court passed multiple follow-up orders, including appointing an Amicus Curiae to assist in monitoring, directing States and Union Territories to submit progress reports, ordering the creation of online dashboards to make compliance data publicly accessible, and issuing strict accountability measures. Despite these steps, several States and Union Territories have fallen short—particularly in completing the district-level survey that is key to verifying the constitution of ICs in all institutions.

Recent Hearing – 12 August 2025

On 12 August 2025, a Bench comprising Justice BV Nagarathna and Justice KV Viswanathan convened to review compliance. The Court was informed that only the Union Territory of Andaman and Nicobar Islands had successfully conducted the district-wise survey of IC constitution in both government and private institutions. “Andaman and Nicobar have Internal Committees in private institutions as well as government institutions,” the Bench noted, contrasting this with the lack of progress elsewhere.

Amicus Curiae Advocate Padma Priya presented a status update, confirming that while all States had appointed District Officers, the constitution of Local Committees remained incomplete in some jurisdictions, particularly Delhi, Haryana, Jharkhand, and Kerala, where compliance was unclear. She further reported that although many States had issued directions for IC constitution, the mandated district-level survey remained unfulfilled in most cases. Several States and UTs had also failed to provide clarity on the appointment of Nodal Officers under Section 6(3).

She emphasised that to assist Deputy Commissioners or District Magistrates in carrying out the survey, “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 the said collection in turn be submitted to the District Officer, who could in turn match the said data to the Chief Secretaries of States and Union Territories, who would in return present the relevant data before this Court.”

Court’s Order

Reiterating the statutory mandate, the Court observed: “It is the duty of the employer to ensure that in a workplace, an Internal Complaints Committee is constituted in terms of Section 4 of the Act. It is hence the responsibility of the Labour Department to ensure that the Internal Committee is instituted by every employer of a workplace.” The Bench stressed that the term “workplace” under Section 2(o) also extends to the unorganised sector, placing the same obligations on employers in that space.

The Court directed that the district-level survey originally ordered in December 2024 must now be completed within six weeks with the active participation of Labour Officers and Commissioners. “In order to ascertain whether the employer of a workplace has constituted an Internal Committee in terms of Section 4 of the Act, it is necessary to have the aforesaid data and take steps… For this purpose, the survey was ordered,” the Bench stated.

Additionally, the Court ordered that the data collected be uploaded to the SHe-Box Portal to ensure transparency. It referred to Section 26 of the Act, which prescribes penalties for non-compliance, and issued an oral warning: “Failure to comply with the said directions, [and] it will order the Labour Department not to renew the license of the entities.”

The matter is now listed for further compliance review on 14 October 2025.

New Direction for Employers

Employers both public and private now face heightened scrutiny. The Court’s order makes clear that every workplace, including those in the unorganised sector, must have an Internal Committee constituted in strict compliance with Section 4. This requirement is not merely procedural but a statutory obligation, and employers must ensure that they are prepared to demonstrate compliance when approached by Labour Officers during the ongoing survey.

Cooperation with the Labour Department during data collection is essential, as the survey results will be matched against workplace records and reported to the Supreme Court. The Court’s oral direction signals that consequences for non-compliance will extend beyond statutory penalties under Section 26, potentially including the denial of operational license renewal by the Labour Department.

As the Bench underlined, “The survey shall be conducted within a period of six weeks… The States may also ensure that the data collected is uploaded on SHe-Box Portal.” In effect, employers have both a legal duty and a practical necessity to comply, as the Court’s continuing supervision ensures there will be no tolerance for procedural delays or non-implementation.

POSH Act Employer Compliance Checklist based on Supreme Court Order dated 12 August 2025

1. Ensure every workplace, including branches, project sites, and those in the unorganised sector, has a validly constituted IC as per Section 4 of the POSH Act.
2. Include a woman presiding officer, at least two employee members, and an external member from an NGO/association with experience in women’s issues.
3. Keep updated records of IC constitution, reconstitution, and member details.
4. Have copies of IC notifications/orders ready for inspection by Labour Officers.
5. Facilitate verification by the Deputy Commissioner/District Magistrate or Labour Officers during the district-level survey ordered by the Supreme Court.
6. Provide accurate workplace and IC details promptly.
7. Ensure organisation’s IC details are uploaded or made available for upload to the SHe-Box Portal as required by the State/UT authorities.
8. Display IC details and POSH policy prominently in all work locations.
9. Inform employees about complaint mechanisms and helplines (e.g., Women Helpline 181, Cybercrime Helpline 1930, National Legal Aid Helpline 1510).
10. Non-compliance may lead to penalties under Section 26 of the POSH Act.
11. The Supreme Court has also orally warned that defaulting entities may face non-renewal of operational licenses by the Labour Department.

Written by Adv. Deeksha Rai