By Anuradha Gandhi and Surbhi Gandotra
The Hon’ble Supreme Court of India, in the landmark case of Aureliano Fernandes v. State of Goa & Ors., has issued significant directives to address persistent non-compliance with the POSH Act, 2013 and mandated a nationwide, district-wise survey on the constitution of Internal Complaints Committees (ICCs) at all workplaces. This move aims to reinforce the legal framework ensuring safe workplaces for women and holds both private and public sector employers accountable for statutory compliance.
Brief Background of Aureliano Fernandes v. State of Goa and Ors.
The proceedings stems from the Court’s consideration of Aureliano Fernandes v. State of Goa & Ors. The case originated from a sexual harassment complaint in which the IC found the petitioner guilty and recommended termination. The High Court of Bombay (Goa Bench) upheld the IC’s findings.
On appeal, the Hon’ble Supreme Court held that the inquiry was conducted in undue haste, denying the petitioner a fair opportunity to defend himself, thus violating principles of natural justice. The Court set aside the High Court’s judgment and ordered a fresh inquiry.
While adjudicating the individual dispute, the Court also took cognizance of the pervasive non-compliance with the POSH Act across the country and issued a series of directives to ensure the implementation of POSH Act in both letter and spirit. In the present case, the Hon’ble Supreme Court of India has mandated a nationwide, district-wise compliance survey to verify adherence to the provisions of the POSH Act.
The Supreme Court’s Directive Dated August 2025:
On 12 August 2025, a Division Bench comprising Hon’ble Mr. Justices B.V. Nagarathna and K.V. Viswanathan issued detailed compliance directions:
- District-Level Surveys:
District Labour Commissioners, in coordination with State Chief Labour Commissioners, must conduct physical verification in every district to confirm whether ICs have been constituted in accordance with Section 4 of the POSH Act. - Six-Week Completion Timeline:Surveys must be completed within six weeks from the date of the order i.e. by September 23, 2025, unless already undertaken.
- Data Compilation & Judicial Oversight:Survey reports are to be submitted to the Hon’ble Supreme Court, and the amicus curiae and the State and UT authorities. States and Union Territories must also ensure that the data is uploaded to the online She-Box platform maintained by the Ministry of Women and Child Development.
- States are also mandated to onboard survey data on the She-box platform, a digital tool by the Ministry of Women and Child Development for tracking POSH implementation.
- Accountability & Enforcement:
Non-compliant employers may face stringent regulatory consequences as per section 26 of the POSH Act, including refusal of license renewals by Labour Departments until full compliance is demonstrated.
In continuation of the above, the Court acknowledged the submissions made by NALSA, which highlighted that relevant directives have been issued and circulated to State Authorities. It was further noted that comprehensive information pertaining to the implementation of the POSH Act is accessible on NALSA’s official website. Additionally, the Court recognized the establishment of support mechanisms such as the National Women’s Helpline (181), the Cyber Crime Helpline (1930), and the Toll-Free National Legal Aid Helpline (15100), all of which serve as vital resources for women seeking to file complaints or obtain legal assistance under the POSH Act.
The August order explains the role of labour authorities:
District Labour Commissioners and Chief Labour Officers are to:
- Collect comprehensive data on registered organisations in their jurisdiction.
- Forward this information to the District Officer, who will transmit it to State Chief Secretaries for submission to the Supreme Court.
- Ensure that the Internal Complainants Committees are constituted by every employer.
- Ensure physical verification of POSH compliance, focusing on ICs.
The Andaman & Nicobar Benchmark
Among all States and Union Territories, only the Andaman & Nicobar Islands have fully completed the district-wise survey, covering both public and private institutions. This signifies that systematic enforcement is achievable with coordinated administrative effort.
Analysis:
The August 2025 order by Hon’ble Supreme Court closes persistent loopholes in the enforcement of the POSH Act. It provides for:
- The district-wise survey is a powerful accountability tool, forcing both public and private sectors to demonstrate compliance, under scrutiny by judicial and ministerial authorities.
- Digital Transparency: The She-box platform centralizes compliance records and offers a transparent mechanism for ongoing monitoring.
- Judicial Oversight: The Supreme Court’s scheduling of the next hearing (October 14, 2025) signals its intent to keep states and employers under scrutiny.
Cross Linking with Central and State Compliance Measures
The recent Central and State government statutory and administrative measures, work alongside of the directives issued by the Hon’ble Supreme Court, together forming a complete system to ensure compliance.
- Ministry of Corporate Affairs (MCA) Notification- Board Report Disclosures with effect from July 14, 2025
Mandates:- Disclosure in Board’s Report of POSH complaints received, resolved, and pending beyond 90 days.
- Confirmation of IC constitution and compliance.
- Gender‑wise employee data and Maternity Benefit Act compliance.
- Penalties: Up to ₹3 lakh for companies; ₹50,000 for officers in default.
- Rajasthan Government Notification- State Level Enforcement, Dated June 23, 2025Mandates:
- IC constitution in every unit with ten or more than ten employees.
- Prominent display of IC details.
- SHe‑Box registration within 15 days.
- Annual compliance reports to District Collector/Women Empowerment Department.
- Penalties: Up to ₹50,000; repeat violations may lead to license cancellation.
- Link to SC Directives: Aligns with the Court’s emphasis on SHe‑Box as a central compliance repository.
- Delhi Government Notice-Mandatory SHe‑Box Registration, Dated June 12, 2025Mandates:
- All organizations to register IC details on SHe‑Box.
- Ensures IC constitution before registration.
- Mumbai (Maharashtra) Directive- Registration of Internal Committee, Dated May 15, 2025Mandates:
- IC constitution in establishments with ≥10 employees.
- Registration of IC on SHe‑Box.
- Penalties: ₹50,000 under Section 26 POSH Act.
Conclusion
The Supreme Court’s intervention in Aureliano Fernandes has catalyzed a synchronized compliance regime for the POSH Act, integrating judicial oversight, corporate governance mandates, and state‑level enforcement.
By linking physical verification (district surveys) with digital transparency (SHe‑Box) and corporate accountability (MCA disclosures), the framework addresses long‑standing enforcement gaps. The coordinated approach, if implemented with rigorous, promises to transform the POSH Act from a statute into a lived workplace reality, ensuring safety and dignity for women across India.[1]
[1] https://api.sci.gov.in/supremecourt/2023/22553/22553_2023_6_11_61891_Order_21-May-2025.pdf Supreme Court of India, Record of proceedings, arising out of impugned final judgment and order dated 12-05-2023
In c.a. no. No. 2482/2014 passed by the supreme court of India.