By Anuradha Gandhi, Isha Sharma and Rishabh Gupta
Introduction:
In a significant step toward strengthening workplace safety and institutional accountability, the Government of Nagaland has formally notified a Secretariat-level Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).[1]
Background
The Notification released by the state government of Nagaland comes in direct consonance and pursuant to the Supreme Court’s directions[2] in Aureliano Fernandes vs The State of Goa mandating all states and union territories including public and private institutions to comply with the statutory mandate of appointing District Officers and Nodal Officers under section 6(2) of the POSH Act.
As per a notification issued by the Department of Personnel and Administrative Reforms on February 18, 2026, the Secretariat-level ICC has been constituted in partial modification of the earlier notification dated April 14, 20 25. The Committee has been established under the provisions of Chapters I and II of the Act, which deal with the constitution, composition and tenure of Internal Committees.
The notification outlines the Committee’s mandate, which includes:
- Receiving complaints pertaining to sexual harassment at workplace
- Facilitating conciliation between the parties, wherever appropriate and requested
- Conducting inquiries in accordance with the procedures prescribed under Chapter IV and V of the Act
- Ensuring adherence to the principles of natural justice, confidentiality and timely redressal.
Nationwide Judicial Scrutiny
This administrative action assumes significance in light of the ongoing nationwide review of POSH Compliance being undertaken by the Hon’ble Supreme Court of India. The Court has been examining the extent to which statutory obligations under the POSH Act are being implemented in both private and public establishments[3].
Pursuant to the data placed before the Supreme Court by Advocate Padma Priya, amicus curiae on January 06, 2026 highlighted several compliance gaps across the country including:
- Non-constitution or improper constitution of Internal Committee
- Delays or deficiencies in the appointment of District Officers and Nodal Officers
- Lack of awareness and inadequate reporting mechanism and
- Limited survey and monitoring efforts to assess ground-level implementation.
The report also showcased that states like Chhattisgarh, Gujarat, Madhya Pradesh, Puducherry, Punjab, Tamil Nadu, Tripura, Uttar Pradesh and Uttarakhand have completed the survey exercise while the survey is still going on in Maharashtra, Nagaland, two districts of Punjab, Telangana and Arunachal Pradesh.[4]
Conclusion
Nagaland’s notification of a Secretariat-level ICC is a progressive compliance step that strengthens workplace protections and aligns with the Supreme Court’s vision of a harassment-free environment across public institutions. It sets a precedent for other states to follow, ensuring that the POSH Act is not just merely a procedural requirement but a substantive commitment to ensuring safe and dignified workplaces.
For States, departments and organizations alike, the focus must now shift from mere constitution of committees to ensuring their functionality, capacity and accessibility.
These developments serve as a reminder that proactive governance, supported by continuous monitoring and accountability, is essential for realizing the objectives of the POSH Act and strengthening workplace safety across sectors.
[1] https://www.nagaland.gov.in/storage/postFiles/1771408571_Document%20132.pdf