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Facts of the Case:
The case Aureliano Fernandes Versus State Of Goa And Others pertains to the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). On August 13, 2024, the Supreme Court convened to address concerns regarding the constitution and functioning of Internal Committees (ICs) tasked with handling complaints of sexual harassment at workplaces. It was brought to the Court’s attention that many ICs were not properly constituted according to the POSH Act, with instances where ICs were headed by male members, contrary to statutory requirements.
The Court is currently looking into the adequacy of the Union Government’s efforts in creating a comprehensive online dashboard that will compile and display relevant information about the ICs across various departments. This is to ensure transparency and accountability in the implementation of the POSH Act.
Contentions of the Petitioner:
The petitioner, represented by amicus curiae Advocate Padma Priya, contended that several Internal Committees were not constituted in accordance with the POSH Act. Specific instances were highlighted where ICs were chaired by male members, which violates the statutory provisions that mandate these committees to be led by senior women employees.
Contentions of the Respondent:
The Union Government, represented by Additional Solicitor General Aishwarya Bhati, submitted that it was in the process of developing an online dashboard to consolidate and display all relevant information regarding ICs constituted within various departments of the Union. However, it was noted that the dashboard was still undergoing testing and was not yet fully operational.
Court’s Observation:
The Supreme Court Bench, comprising Justices Hima Kohli and Sandeep Mehta, observed that the proper constitution of ICs is essential for the effective implementation of the POSH Act. An improperly constituted IC would hinder the investigation of sexual harassment complaints, thus undermining the objectives of the Act. The Court emphasized the importance of having a comprehensive dashboard that provides all necessary details about the ICs to ensure transparency and accountability.
Court’s Decision:
The Supreme Court directed the Union of India to file an affidavit detailing the progress on the dashboard, including the nature of information that would be made available. The Court indicated that if the Union Government’s dashboard is comprehensive, it would order all State Governments and Union Territories to replicate the same. The Bench stressed the importance of creating similar dashboards across all States and Union Territories to display relevant information about the ICs. The Court’s decision aims to enhance the implementation of the POSH Act by ensuring that all workplaces have properly constituted ICs and that their details are publicly accessible.
