On 3 December 2024, the Supreme Court issued comprehensive guidelines for effective implementation of Protection of Women from Sexual Harassment at Workplace Act, 2013 (POSH Act). This step has been taken in view of the persistent lapses in compliance with the Act in the private sector and the hesitation in setting up Internal Committees (IC).

A bench of Justices B.V. Nagarathna and N.K. Singh found that there are serious deficiencies in compliance with the POSH Act in the private sector. The central government has also termed it a “red flag” and expressed concern over the hesitation of the private sector. The Supreme Court has further extended these directions based on its earlier orders issued in May 2023 and October 2023. The Hon’ble Court has granted time till March 31, 2025, for compliance and directed Chief Secretaries of States to oversee the execution of its directions.

Important directions of the Supreme Court are as follows-

1. Appointment of District and Nodal Officers

• The State/UT will appoint a district officer by December 31,2024.
• State governments should notify the District Magistrate, Additional District Magistrate, Collector, or Sub-District Magistrate as the ‘District Officer’ under the POSH Act.
• Each District Officer will have to constitute a ‘Local Committee’ by January 31, 2025,  which will receive complaints from establishments where there are less than 10 employees, or the complaint is directly against the employer.
• A nodal officer will be appointed for each block, taluka, tehsil or municipality, who will forward the complaints to the Local Committee within 7 days.
• Deputy Commissioners/District Magistrates to survey public and private organizations for IC compliance under Section 26 of the POSH Act and submit compliance reports.
• Engage with private sector stakeholders to ensure ICC constitution and adherence to statutory provisions.

2. Local Committee: Jurisdiction and Functions

• The jurisdiction of the Local Committee will be the entire district, especially where IC has not been constituted.
• The names and designations of the nodal officers will be published on the website of the District Officer so that complainants can easily get information.

3. SHeBox Portal

• State/UTs to create localized SheBox portals wherever absent.
• In the states and union territories where the SHeBox portal is operational, the details of nodal officers of every district will be updated.
• District officers will ensure that ICs are constituted under Section 26 of the Act, failing which a penalty will be imposed on the employer.
• The Chief Secretary will direct the District Officers to survey the status of formation of ICs in the private and public sector and update the data on SHeBox.
• Complaints received on SheBox to be directed to respective ICs or LCCs Ensure IC constitution in all government departments and public sector undertakings

4. Legal Aid for Aggrieved Women

• Aggrieved women can avail legal services through legal aid institutions, such as legal service clinics, para-legal volunteers, or helplines (15100).
• Complaints can also be lodged through the Legal Services Management System on the website of the National Legal Services Authority (NALSA).
• If a woman is unable to reach the IC or the local committee directly, her complaint can be lodged with the assistance of the police.

– Credits: By Anaida Khan Pursuing 5th year of BALLB (Hons.) from Dharmashashtra National Law University, Jabalpur