The Supreme Court has recently taken a significant step towards enforcing the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), by directing States and Union Territories to file follow-up affidavits on their compliance with the court’s directions. This comes after the Court had passed comprehensive orders in December 2024 to ensure the effective implementation of the POSH Act, which aims to create a safer working environment for women.
Supreme Court’s Directive on POSH Act Compliance
On April 26, 2025, a bench comprising Justices BV Nagarathna and Satish Chandra Sharma, took strong action by seeking follow-up affidavits from various States and Union Territories (UTs) regarding the implementation of the POSH Act. The Court had initially issued directives in December 2024, mandating the constitution of Internal Complaints Committees (ICCs) in workplaces, the appointment of District officers, and the creation of Local Committees by the District officers.
However, the Court found that some States and UTs had not fully complied with these directives, particularly with regard to the appointment of Nodal Officers and the constitution of ICCs at government workplaces. The Court noted that simply issuing instructions to local authorities was insufficient unless there was a follow-up to ensure their proper implementation.
Non-Compliance and Consequences
Despite the directions, certain States and UTs like Jammu & Kashmir, Kerala, and Punjab failed to provide clear evidence of compliance. As a result, the bench ordered that they file updated affidavits detailing their efforts in implementing the POSH Act. This includes the status of ICC formation, appointment of Nodal Officers, and other required actions. The affidavits must be filed by May 9, 2025, to indicate compliance with the directions issued in December 2024.
The Court has also instructed the States and UTs to provide detailed information regarding the Nodal Officers appointed to oversee the implementation of the Act, including the uploading of these details on the official websites.
Steps Taken So Far
Some States, including Tamil Nadu, Telangana, Uttar Pradesh, and West Bengal, have reportedly complied with most of the directives. They have established the required committees and appointed the necessary officers. However, the Union Government’s compliance is still under scrutiny, with the Court instructing the authorities to submit a detailed follow-up on their actions.
The directions in December 2024 had set a series of deadlines for the States and UTs to comply with the POSH Act’s provisions, including:
- Constitution of Internal Complaints Committees: All workplaces under the control of the government were required to have their ICCs in place by January 31, 2025.
- Constitution of Local Committees: The District Officers were instructed to form Local Committees wherever they had not been constituted or needed reconstitution by January 31, 2025.
- Affidavits on Compliance: Each State and UT was directed to submit an affidavit by the first week of February 2025 detailing compliance with the above provisions.
Importance of the POSH Act
The POSH Act was enacted to address and prevent sexual harassment of women at the workplace. It provides mechanisms for the redressal of complaints, the establishment of committees to handle such issues, and mandates strict compliance from employers to ensure a safe working environment. Despite its enactment, its implementation has faced challenges, especially in terms of ensuring that all workplaces are equipped with the necessary committees and personnel.
The Supreme Court’s intervention aims to ensure that these mechanisms are not just theoretical but are actively functioning in workplaces across the country. By holding States and UTs accountable, the Court is reinforcing its commitment to safeguarding women’s rights at work.
Virtual Conference on Compliance
In addition to the filing of affidavits, the Union Government has organized a virtual conference for May 3, 2025. This conference will involve representatives from the Department of Women and Child Development of both the Union and State Governments/UTs. It will provide a platform for sharing best practices and information related to the effective implementation of the POSH Act.
Legal Implications and Future Outlook
This development signals a crucial step in enforcing the POSH Act’s provisions, especially as the Court emphasizes the need for accountability. It also highlights the judiciary’s role in pushing for the effective enforcement of laws meant to protect the most vulnerable sections of society.
The Supreme Court’s stance may prompt further legislative and administrative reforms at the state and national levels, encouraging better implementation mechanisms for women’s rights at the workplace. Given that several states have already started complying with the Court’s directives, the follow-up process will likely serve as a model for how judicial oversight can ensure the enforcement of social welfare laws in the country.
The implementation of the POSH Act and the ongoing court intervention are crucial for setting a precedent in the fight against workplace harassment. If adhered to, these directions could lead to a more equitable and safe work environment for women across India, making their rights and safety a national priority.
For more updates on legal developments and case studies related to the POSH Act, stay tuned to the latest from the Supreme Court.
