The Supreme Court Criticises Lacunae In The Implementation Of The Provisions Of The Posh Act

In its judgment[1] , the apex court criticised the “serious lacunae” in the implementation of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”), especially in being able to make proper inquiries and form committees for inquiries. Through this judgment, the court has called for affidavits from all states and union territories calling for the verification and information on the constitution of internal committees (ICs) in public sector undertakings, institutions, bodies, etc., and the status of its implementation of the same.
The court also ordered that immediate and effective steps shall be taken by the authorities/ management/employers to familiarize members of the ICs/LCs with their duties and the manner in which an inquiry ought to be conducted on receiving a complaint of sexual harassment at the workplace, from the point when the complaint is received, till the inquiry is finally concluded and the Report submitted. The authorities/management/employers shall also regularly conduct orientation programmes, workshops, seminars and awareness programmes to upskill members of the ICs/LCs and to educate women employees and women’s groups about the provisions of the POSH Act, the Rules and relevant regulations.

[1] Aureliano Fernandes V. State Of Goa & Ors. dated 12.05.2023