The Supreme Court has issued a series of directives to bolster the effective implementation of the Prevention of Sexual Harassment (POSH) Act. Emphasizing the pivotal role of District Officers, the apex court’s decision underscores the importance of awareness and training at all levels. The bench observed that the role of the District Officer is crucial in the implementation of the Act, stating,
“the role of the District Officer, is pivotal; they are responsible for numerous aspects in the implementation of the Act. It is where the buck stops, so to say, in terms of coordination and accountability relating to the POSH Act.”
The court further highlighted the gaps in the appointment of District Officers, emphasizing that the failure to notify them specifically has a cascading effect on the appointment of Local Committees (LCs) and nodal officers.
“The complaint mechanism, and larger framework – no matter how effective, remain inadequate if the authorities set out in the Act, are not duly appointed/notified,”
the Court observed.
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Among the directives issued by the court are the identification of a ‘nodal person’ within the Women and Child Development Ministry of every State/UT to aid in coordination as per the POSH Act, the appointment of a district officer in every district within four weeks of the judgment, and the forwarding of contact details of nodal officers and Local Complaint Committees to the state’s nodal person within six weeks from the judgment. Additionally, a circular/bulletin containing names and contact details of all district officers, along with a district-wise chart of nodal officers, should be made available online.
The court also mandated training and sensitization for District Officers and LCs on the nature of sexual harassment and gendered interactions in the workspace. State/UT Governments and the Union Government were directed to detail the financial resources allocated or needed for developing educational, communication, and training material to spread awareness of the Act.
The Central government should ensure its Handbook for the implementation of the POSH Act is circulated among district and remote level officers. States/UTs should also create a Standard Operating Procedure (SOP) detailing the procedure and timeline for monitoring implementation and maintaining data. Furthermore, establishments like hospitals, nursing homes, sports institutes, stadiums, and sports complexes must set up Internal Complaints Committees (ICs) and report compliance as per the duties under the Act.
The court also highlighted the importance of NGOs in the implementation of the Act, noting that women often find it easier to approach local NGOs. The judgment emphasized that while generating awareness is essential, a tangible framework for redressal must be in place for victims of sexual harassment. The directives mark a significant step towards ensuring a safer and more inclusive work environment for women across the country.
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