[SHe-Box] Centre Launched Upgraded Sexual Harassment Electronic Box: SC Tells NALSA & Others To Facilitate Women Victims

Vaibhav Ojha

1 year ago

Union Minister of Women and Child Development had launched a revamped version of SHe-Box on August 29, 2024. The Supreme Court directed NALSA, State Legal Services Authorities, and district and taluka-level bodies to assist women facing workplace sexual harassment in registering complaints before Internal Committees. Justices B V Nagarathna and N Kotiswar Singh highlighted the duty of employers across government, public, and private sectors to ensure the prompt establishment of Internal Complaints Committees as mandated by the POSH Act, 2013.

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[SHe-Box] Centre Launched Upgraded Sexual Harassment Electronic Box: SC Tells NALSA & Others To Facilitate Women Victims

NEW DELHI: The Supreme Court of India issued a directive emphasizing the role of the National Legal Services Authority (NALSA), State Legal Services Authorities, and District and Taluka level bodies in supporting women facing sexual harassment at their workplaces.

These authorities are to assist in registering complaints effectively before the Internal Committees (IC) established within workplaces. If such a committee is absent, they must help victims in accordance with the law.

A bench comprising Justices B V Nagarathna and N Kotiswar Singh underscored the responsibilities laid out under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act).

The bench highlighted the duty of all employers—whether in government, public, or private sectors—to promptly establish Internal Complaints Committees where they are not yet in place. The bench stated,

“It is needless to observe that access to justice is as important as rendering of justice. In the absence of there being any forum where the complaint can be made, the victim would only suffer further.”

The court mandated that the Ministry of Labour and the respective State Governments’ Departments of Labour, in collaboration with the Department of Women and Child Development at both Union and State levels, must ensure the Act’s full implementation. This includes issuing directives to establish ICs where they are lacking and ensuring their proper functioning as per the law.

Furthermore, they are to train employees and raise awareness about women’s rights at the workplace.

The bench also directed,

“National Legal Services Authority through the Member Secretary may also issue suitable directions to all the State Legal Services Authorities to ensure compliance of these directions and to seek reports of compliances. In view of the directions, the concerned State Legal Services Authorities are to comply with the directions to be issued by National Legal Services Authority in the matter of implementation of the directions and in the matter of compliance to be made on the implementation of the provisions of the Act.”

The court clarified that these directives for NALSA and the State Legal Services Authorities are supplementary and do not replace the orders issued to State Governments.

The matter arose from the compliance proceedings following a judgment dated May 12, 2023, linked to a plea by Aureliano Fernandes. The court scheduled the next hearing for December 3, 2024.

During the proceedings, Additional Solicitor General Aishwarya Bhati, representing the Centre, informed the bench about the launch of an updated version of SHe-Box on August 29, 2024. She highlighted that,

“Sexual Harassment electronic Box (SHe-Box) is an effort of the Government of India to provide a single window access to every woman, irrespective of her work status, whether working in an organised or unorganised, private or public sector, to facilitate the registration of complaint related to sexual harassment. Any woman facing sexual harassment at workplace can register their complaint through this portal. Once a complaint is submitted to the ‘SHeBox’, it will be directly sent to the concerned authority having jurisdiction to take action into the matter.”

The Centre described this initiative as a significant step toward empowering women by ensuring safer workplaces and simplifying access to redressal mechanisms. The platform aims to offer a secure and confidential means for reporting harassment, thereby fostering accountability.

Bhati also reiterated that the SHe-Box portal serves as a one-stop platform for women from all sectors—organized or unorganized, private or public—to report workplace harassment complaints. It is designed to support women in registering grievances effectively.

However, Amicus Curiae Advocate Padma Priya raised concerns, indicating that some women might face challenges in directly accessing the SHe-Box. She suggested that further measures be taken to ensure that women who have experienced harassment can effectively utilize this platform.

Advocate Priya referred to Section 9 of the POSH Act and urged the court to issue additional directions to facilitate smoother access to the complaint registration process for victims.

After considering the input from both ASG Bhati and Advocate Priya, the court proceeded to issue relevant instructions to NALSA and other associated authorities.

CASE TITLE:
Aureliano Fernandes Vs The State of Goa & Ors