The Supreme Court has recently asked the Union, States, and Union Territories to file follow-up affidavits confirming complete compliance with its earlier directions regarding the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). These directions were originally issued on December 3, 2024.
A bench led by Justice BV Nagarathna and Justice Satish Chandra Sharma stressed that it is not enough for State Governments and Union Territories to merely pass orders to local authorities. The Court emphasized that actual compliance with the POSH Act provisions must be ensured, including the formation of Internal Complaints Committees at all workplaces.
“Mere issuance of directions by the State Governments/UTs without follow-up action is of no avail,” the Court stated.
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According to the latest status report filed by Amicus Curiae Ms. Padma Priya, several States and Union Territories like Andaman & Nicobar Islands, Delhi, Karnataka, Tamil Nadu, and others have mostly complied. However, some like Jammu & Kashmir, Jharkhand, Kerala, Mizoram, Punjab, and Nagaland have unclear compliance.
The Supreme Court has now directed all States and UTs to file fresh affidavits confirming that Internal Committees have been properly set up and that the provisions of the POSH Act are being followed at all workplaces. These affidavits must be filed by May 9, 2025.
"State Governments and Union Territories must clearly show compliance with the directions issued by this Court on December 3, 2024," the bench directed.
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The Court also pointed out that several States and UTs have not appointed Nodal Officers as required under the Act. Hence, it has asked them to submit details of appointed Nodal Officers and ensure that this information is uploaded on their official websites.
Additionally, the Court accepted a request from the Union Government to hold a virtual conference on May 3, 2025, between officials from the Department of Women and Child Development of all States, Union Territories, and the Central Government, along with the petitioner’s counsel and Amicus Curiae. This meeting aims to share experiences and best practices for implementing the POSH Act.
On December 3, 2024, the Supreme Court had issued the following key directions:
- Chief Secretaries must appoint a District Officer for every district by December 31, 2024.
- District Officers must form Local Committees where needed by January 31, 2025.
- Government Departments, public sector units, and agencies must form or reconstitute Internal Complaints Committees by January 31, 2025.
- The Central Government must also complete setting up Internal Committees by January 31, 2025.
- All compliance affidavits must be submitted by the first week of February 2025.
- Legal Services Institutions must assist women in filing complaints under the 2013 Act.
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The Court further ordered that learned counsels must ensure that the affidavits are shared with the Amicus Curiae and the petitioner’s counsel quickly.
"Compliance is necessary to protect women against harassment at their workplace," the Court underlined.
the next hearing is scheduled for May 14, 2025.
Case Details: AURELIANO FERNANDES v. THE STATE OF GOA AND ORS., Diary No. 22553-2023
