The Supreme Court has pointed out the need for strict implementation of the “Prevention of Sexual Harassment (POSH) law made to protect women from sexual harassment in offices. The court has issued several guidelines in this regard. These include mandatory formation of an Internal Complaints Committee (ICC) in all government offices and monitoring of private institutions as well.
A bench comprising Justices BV Nagarathna and N Kotiswar Singh has sought a report from the chief secretaries ensuring compliance of the law across the country by March 25.
Supreme Court Guidelines
- All state governments must appoint officers in every district to handle POSH-related cases by December 31.
- District-level officers should establish Local Complaint Committees (LCC) by January 31, 2025.
- Nodal officers must also be appointed at the tehsil level.
- Details of nodal officers and LCC should be uploaded on the SheBox portal.
- The District Magistrate will survey the complaint committees and submit a report.
- States must create local SheBox portals.
- Complaints received on the SheBox portal should be forwarded to the LCC and ICC.
- The formation of ICCs in every government office must be made mandatory.
What is POSH?
The Prevention, Prohibition, and Redressal of Sexual Harassment of Women at Workplace Act, 2013 is commonly referred to as the POSH Act. The purpose of this law is to create a safe environment for working women in their offices. This law has a provision to form an internal complaint committee in every workplace to address complaints related to sexual harassment. This committee has been given extensive powers for investigation and action. The law also specifies the role of district administration in such cases. For small offices where an ICC is not set up, women employees can file complaints with the Local Complaint Committee (LCC) established by the district administration.
Dissatisfaction expressed over non-implementation of the provision
During the hearing of a case related to the POSH Act, a bench consisting of Justices B.V. Nagarathna and N. Kotiswar Singh expressed dissatisfaction, noting that even after more than 10 years since the law was enacted, its provisions have not been properly implemented. The court issued several directives in this regard.
The Supreme Court added that the POSH Act would never be successful and women will not be treated with the respect in the workplace if the procedures for implementing the law are not properly followed and officials do not adopt a positive approach. The court ordered that an affidavit be filed in this regard and that adherence to the law be guaranteed.