The Supreme Court of India criticized several states on February 11th for not submitting compliance affidavits regarding sexual harassment measures in public sectors, granting a final three-week deadline with potential penalties for non-compliance. Justice BV Nagarathna noted previous orders had been ignored, highlighting ongoing challenges in implementing the POSH Act despite its introduction a decade ago.
New Delhi: The Supreme Court on Tuesday (Feb 11th) strongly criticized states that failed to submit compliance affidavits on measures taken to tackle sexual harassment in government departments and public sector undertakings. The court granted a final three-week deadline, warning of hefty penalties for non-compliance.
Justice BV Nagarathna, while reviewing the pending compliance reports, specifically called out the states that had not filed their responses despite previous orders.
“Which are the states that have not filed compliance reports? The states of Manipur, Jharkhand, Madhya Pradesh, Himachal Pradesh, Odisha… Whichever states have not filed a response after our orders of December 2024, we will impose costs,”
Justice Nagarathna said.
In December 2024, the Supreme Court had directed strict implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). Key orders included:
- Setting up Internal Complaints Committees (ICC) in all government departments.
- Ensuring proper redressal mechanisms for workplace harassment cases.
However, the court’s frustration grew after the amicus curiae (friend of the court) assisting in the case reported serious lapses in compliance, particularly in the private sector.
“The appointment of ICC has to be done by the private company itself. Local committees have to be set up by state governments. Nothing is done,”
the amicus curiae pointed out.
With the three-week deadline in place, the Supreme Court has made it clear that failure to comply will lead to financial penalties. The case highlights ongoing challenges in implementing workplace safety laws for women, even a decade after the POSH Act came into force.
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