Today, On 3rd December, The Supreme Court directed the establishment of Internal Complaints Committees (ICCs) in all government departments and public sector undertakings (PSUs) to ensure the effective implementation of the Prevention of Sexual Harassment (PoSH) Act. The Court emphasized that the Act cannot achieve its goal of safeguarding women’s dignity without strict enforcement and a proactive approach by authorities. Previously, the Court had cautioned that lax implementation undermines the Act’s purpose.
New Delhi: The Supreme Court issued detailed directives on Tuesday to ensure the effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
A Bench comprising Justices BV Nagarathna and N Kotiswar Singh emphasized the necessity for uniform compliance across all States and Union Territories, stating,
“This has to be done to the entire country… We know. This has to be done throughout the country.”
To facilitate this, the Court outlined several measures, including the establishment of Internal Complaints Committees (ICCs) within all government departments and public sector undertakings, as well as the creation of SheBox portals for women to file complaints.
In a previous judgment from May 2023, the Court expressed concern over significant lapses in the enforcement of the POSH Act, even a decade after its enactment. It highlighted the obligation of all public authorities and private organizations to implement the Act effectively.
The Court instructed the Union and State governments to take proactive steps to achieve the objectives of the POSH Act, appointing advocate Padma Priya as amicus curiae to assist in the matter. It has demanded robust compliance measures and required the government to file affidavits regarding their implementation.
During the latest hearing, amicus curiae Padma Priya discussed existing mechanisms under the National Legal Services Authority (NALSA), including a helpline that connects victims to District Legal Services Authorities and an online complaint system with female lawyer assistance.
Additional Solicitor General Aishwarya Bhati pointed out that while the SheBox portal serves as a grievance redressal tool, private sector organizations are notably absent.
In light of these discussions, the Court issued the following directives:
- States and Union Territories must appoint a District Officer in each district by December 31, 2024.
- The District Officer will establish a Local Complaints Committee (LCC) by January 31, 2025.
- Nodal officers are to be appointed at the taluka level.
- Details of nodal officers, LCCs, and ICCs must be uploaded to the SheBox portal.
- Deputy Commissioners/District Magistrates are tasked with surveying public and private organizations for ICC compliance and submitting reports.
- Engagement with private sector stakeholders is required to ensure ICC establishment and adherence to statutory provisions.
- States and UTs should create localized SheBox portals where they do not exist.
- Complaints received through SheBox must be directed to the respective ICCs or LCCs.
- ICCs must be constituted in all government departments and public sector undertakings.
The Court has set a deadline of March 31, 2025, for compliance and directed Chief Secretaries of States to oversee the implementation of these directives.