New Delhi, Dec 3 (Representative) The Supreme Court on Tuesday issued a series of directives to strengthen the implementation of the Sexual Harassment of Women at Workplace (Prevention, Protection, and Redressal) Act, 2013 (POSH Act). The law, enacted to safeguard women against harassment at workplaces, has faced challenges in uniform enforcement across the country. A bench comprising Justice B.V. Nagarathna and Justice N. Kotiswar Singh directed Chief Secretaries of all States and Union Territories to ensure that District Officers are appointed in every district to oversee the implementation of the Act. These officers, under the provisions of Section 5, are required to form Local Committees (LCs) as stipulated in Section 6, to address workplace harassment complaints in districts without Internal Complaints Committees (ICCs). Justice Nagarathna emphasized the critical role of these committees and officers, stating that District Officers must also appoint nodal officers in every taluka or area to facilitate complaint management and direct submissions to LCs. “There is a pressing need to implement these provisions in States and Union Territories where they are yet to be enforced,” she remarked.
The Apex Court also emphasized the need for transparency and accessibility. It directed that the names of nodal officers must be publicly available on the SheBox portal, a centralized online platform for filing sexual harassment complaints. The National Legal Services Authority (NALSA) informed the Court about its existing mechanisms to support complainants. These include a helpline (15100) that connects directly to District Legal Services Authorities, an online Legal Services Management System to handle complaints and assistance through legal services clinics and para-legal volunteers. However, counsel for NALSA admitted that comprehensive data on the effectiveness of these mechanisms is not yet available. Concerns were raised during the hearing about the lack of private-sector organizations registered on the SheBox portal. Amicus Curiae argued that this omission undermines the platform’s effectiveness as a one-stop solution for complaints. The Court agreed and directed States and Union Territories to survey workplaces in private and public sectors to ensure compliance with the POSH Act. Additional Solicitor General Aishwarya Bhati, representing the Union, acknowledged that while the SheBox portal is operational, efforts to integrate private-sector stakeholders have been insufficient.
She proposed convening discussions with private-sector representatives to address the issue. In a significant move, the Top Court instructed Chief Secretaries to ensure that Deputy Commissioners or District Magistrates survey workplaces to identify those that have not yet constituted ICCs. Such organizations will be directed to comply with Section 4 of the Act, and penalties will be imposed under Section 26 for non-compliance. The Court further directed that District Officers upload the details of ICCs and LCs on the SheBox portal through the Labor Department or Department of Women and Child Development in their respective States. It also called for the creation of SheBox portals in States and Union Territories where they do not exist. “These measures are essential to ensure the effective implementation of the Act and to provide accessible mechanisms for aggrieved women to seek redressal,” the Court stated, adding that the directives are aimed at facilitating seamless complaint management and resolution. The Bench reinforced its commitment to ensuring a safer and more equitable workplace environment for women across India.