Supreme Court Directs Compilation Of States/UTs Affidavits To Enforce POSH Act; Says It Will Try To Upload Information On NALSA Website
The Supreme Court on May 14 asked the amicus Priya to file a comprehensive compilation of State and district appointment of District Officers pursuant to Court's December 3, 2024, order in which it passed comprehensive directions for effective compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The Court orally remarked...
The Supreme Court on May 14 asked the amicus Priya to file a comprehensive compilation of State and district appointment of District Officers pursuant to Court's December 3, 2024, order in which it passed comprehensive directions for effective compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
The Court orally remarked that once they get the compilation, they will try to get the information uploaded on the National Legal Services Authority's website. The Court will hear the matter on May 21.
The directions included the constitution of the Internal Committee (formerly termed as Internal Complaints Committee) at workplaces in consonance with provisions of the POSH Act, appointment of District officers, constitution of Local Committee by the concerned District Officer, to name a few.
Since then, a bench of Justice BV Nagarathna and Justice Satish Chandra Sharma has followed up on the matter and imposed costs on States and Union Territories for failing to file a compliance affidavit. In April this year, the Court passed an order seeking follow-up affidavits from the Union, States and the Union Territories in this regard.
In addition to this, as requested by the Union, there were also to be a virtual conference between representatives of the Department of Women and Child Development of respective State Governments and Union Territories with the representatives of the same Department of the Union Government, as well as included petitioner's counsels on May 3. This is to exchange information and best practices followed in the respective States.
Appointment of District Officers
Pursuant to this, Priya submitted that most States and Union Territories have complied with the order of appointing District Officers in every district except for the Union Territory of Dadar and Nagar Haveli, which neither filed a compliance affidavit nor a follow-up affidavit. She submitted that in most cases, its the Collector who is appointed as District Officer and the names of the officers have also been given.
Appointment of Nodal Officers
As for the appointment of Nodal Officers, Priya submitted that Nodal Officers are appointed under the POSH Act and also by the Central Government for its SheBox portal. However, for the latter, the appointment is not statutorily governed. She stated that there is some confusion in the information provided by States and UTs as to whether these appointed nodal officers are for the SheBox portal or under the POSH Act.
"What they have done is, they have not clarified whether the Nodal Officers appointed are the Nodal Officers appointed under Section 6(2) [of the POSH Act] or the Nodal Officers which are notified to the central Government for updating the SheBox. That's the confusion some of the States have left in their affidavit," Priya averred.
Priya also informed the Court that pursuant to the Court's last order, the virtual conference took place on May 3, in which 90 people participated, including representation from NALSA. There was a detailed demo given on how to handle the SheBox portal.
Internal Committee in private organisations
Priya submitted that so far, she has received 24 affidavits from the private sector on the establishment of the Internal Committee. She added that 20 such organisations have provided details of the Internal Committee. Justice Nagarathna suggested that a State-wise detail of this could be collated and the Court will then accordingly include this in its order to get some kind of sanity.
Therefore, it ordered: "Learned amicus submits that almost all Union Territories have filed their affidavit giving details regarding the implementation issued by this Court from time to time. Further submitted that she will collate in the form of one comprehensive report for the perusal of the Court and for issuance of further direction in the matter. She however submitted that the Union Territory of Dadar and Nagar Haveli have not filed their affidavit before this Court. She also brought to our notice the fact that on May 3, there was a video conference held between representatives of the Union and various departments of States and UT with regard to the implementation of this Court under the provisions of the 2013 Act. There would be further dialogue between the Union of India, States and Union Territories for more effective implementation of the Act. We request the learned counsel appearing for Union of India to seek instructions for the Union Territory of Dadar and Nagar Haveli and file affidavit. List on May 21."
December 3, 2024, directions are:
(1) The Chief Secretaries of every State shall take steps to identify and notify the Officer to be the District Officer of every District on or before 31.12.2024, if not already done.
(2) The District Officer shall constitute the Local Committee wherever such committees have not yet been constituted or there has to be a reconstitution of such committees already constituted on or before 31.01.2025.
(3) The Chief Secretaries of States/Territories shall ensure that the Internal Complaints Committee shall be constituted or re-constituted, as the case may be, having regard to the Section 4 of the 2013 Act in respect of their Government Departments, instrumentalities and agencies of the State Government and public sector units and other units coming under the supervision and control Governments/Union Territories by 31.01.2025.
(4) Similarly, Union of India/Central Government, shall take steps to constitute or re-constitute, as the case may be, the Internal Committee in respect of a work place, wherever the same has not yet been accomplished on or before 31.01.2025 in respect of its Departments, instrumentalities and agencies.
(5) The respective States/Union Territories to file the affidavits in compliance of these directions and copies of the said affidavits shall be e-mailed to learned ASG, learned Amicus Curiae, learned AOR for the petitioner(s) in W.P. No. 1224/2017. The said affidavits shall be filed in the first week of February, 2025 indicating the compliance of the aforesaid directions.
(6) The Legal Services Institutions at the Central, State, District and Taluka levels shall assist an aggrieved woman to make a complaint under the provisions of the 2013 Act as and when approached.
Case Details: AURELIANO FERNANDES v. THE STATE OF GOA AND ORS., Diary No. 22553-2023