By Anuradha Gandhi and Isha Sharma
Introduction
More than two decades after the landmark Vishaka Guidelines (1997) and over a decade since the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 commonly known as the POSH Act, the Hon’ble Supreme Court of India has once again expressed serious concern over the lack of uniform and effective implementation of the law across the country.
Taking a firm stand, the Court observed that compliance with POSH obligations cannot be treated as a matter of choice or mere good practice. Instead, these obligations are statutory in nature and form the very foundation of ensuring safe, dignified and gender-sensitive workplaces for women.
Court Seeks Nationwide Status Report on POSH Implementation
In a significant move, the Supreme Court recently reviewed the status of gender-sensitive mechanisms at workplaces by calling upon High Courts to submit reports on the constitution of Internal Committees (ICs) across courts and tribunals. Simultaneously, it directs States and Union Territories to ensure strict compliance with the statutory requirement of appointing District Officers and Local Committees (LCs) to address complaints of sexual harassment.[1]
These directions primarily emerged from two distinct proceedings monitored by the Court:
In the first matter, a Public Interest Litigation (PIL) was filed seeking uniform implementation of the POSH Act across the country. A bench headed by the Chief Justice of India (CJI) Surya Kant directed all High Courts to submit detailed status reports confirming whether Gender Sensitization and Internal Complaints Committee (GSICC) have been constituted by all high courts, district and subordinate courts, tribunals, bar associations and other allied judicial and quasi-judicial institutions. [2]
The Court further emphasized that these mechanisms must be accessible not only to women but also to transgender persons, in line with constitutional principles of equality and dignity.
The second proceeding arises from a pending petition filed by a victim of sexual harassment. In this matter, the Supreme Court has been actively monitoring compliance by States and Union Territories with directions issued earlier to give full and effective implementation to the POSH Act. [3]
Advocate Padmya Piya, assisting the Court as amicus curiae, placed a consolidated status report before the bench. The report revealed that while most states and union territories have issued directions for constitution or reconstitution of the ICs, the implementation remains uneven.
A key concern highlighted was that several states had conducted surveys and compliance checks largely limited to government establishments, while private establishments were left out. This selective approach defeats the very purpose of the legislation, the court noted.
Directions of the Supreme Court:
Thus, in order to ensure effective and uniform implementation of the POSH Act, the Supreme Court issued the following directions:
- All High Courts have been directed to submit the comprehensive status report confirming the constitution of Gender Sensitization and Internal Complaints Committee (GSICC) across high courts, district and subordinate courts, tribunals, bar associations and other allied and judicial bodies.
- States and Union Territories have been directed to strictly comply with the statutory mandate of appointing District Officers and Nodal Officers as required under Section 6(2) of the POSH Act.
- The Supreme Court also took note of the inadequate publicity surrounding the SHe-box portal[4]– an online platform revamped by the Ministry of Women and Child Development to enable victims of workplace sexual harassment to file complaints. Observing that lack of awareness significantly restricts access to redressal mechanism, the Court directed the central Government to widely publicize the portal through print and electronic media so that affected individuals are aware of their rights and available remedies. [5]
Conclusion
These recent interventions by the Supreme Court serve as a clear reminder that the POSH framework is not a symbolic legislation but a binding legal mandate. The Court’s emphasis on monitoring, reporting and accountability underscores that ensuring a safe workplace is a constitutional and statutory responsibility of employers, institutions and the State alike.
These directions reinforce a crucial message- Compliance with the POSH Act is non-negotiable.
[4] https://ssrana.in/posh-law/news-event/delhi-government-notice-on-she-box-portal/