
By Anuradha Gandhi and Isha Sharma
In a major step towards supporting women facing sexual harassment at workplaces, the Hon’ble Supreme Court of India had instructed the National Legal Services Authority (NALSA) and District Legal Services Authority (DLSAs) to actively assist women across urban and rural areas in lodging complaints.
The court issued a comprehensive directions vide order dated October 22, 2024 aiming to empower women to seek redressal either through Internal Committee (ICs) within government, private or individual workspaces or via the SHE-Box platform, a digital initiative for filing complaints of sexual harassment.
The bench, comprising Hon’ble Mrs. Justice BV Nagarathna and Hon’ble Mr. Justice N Kotiswar Singh, emphasized that sexual harassment should never force a woman to relinquish her job, as it infringes upon her fundamental rights under Articles 21 and 19(1)(g) of the Indian Constitution, which protect the right to life and occupation.
This directive has been derived from a suo moto petition wherein the court had stressed upon the enforcement of its earlier order dated May 12, 2023 in the case of Aureliano Fernandes vs State of Goa requiring all States and Union Territories to report their status of compliances with the Sexual Harassment of Women at Workplace Act, also known as the POSH Act. In that case, the court expanded the petition’s scope, taking due notice of the serious lapses in the enforcement of the POSH Act and referred to it as a “sorry state of affairs”. However, the court also referred to the lack of Internal Committees as well as their proper constitution in so many organizations, which reflected poorly on the state functionaries, public authorities, private undertakings, organisations and institutions that are duty bound to implement the POSH Act both in letter and spirit. [1]
Hon’ble Advocate Ms. Padma Priya, appointed as Amicus Curiae to aid the court, highlighted the persistent lack of information regarding establishment of IC across all sectors that have yet to respond to the court’s 2023 order. The Supreme Court has also directed to ensure that the relevant information of the ICs/LCs, as the case may be, including constitution, composition, email ids, contact numbers along with procedures for filing complaints be readily available on the website of the concerned body/organisation and updated regularly , aiming to ensure transparency and ease of access for potential complainants.
The Learned Additional Solicitor General appearing for Union of India, Ms. Aishwarya Bhati, submitted that in order to not only prevent but also take cognizance of sexual harassment, the Government of India has constituted/devised an electronic (SHe-Box Portal) Portal to provide one-stop access to every women, irrespective of her work status, whether in an organised or unorganised, private or public sector and to facilitate the registration of complaint relating to sexual harassment. She further submitted that the said device would assist a lady who has suffered sexual harassment in the workplace to make a complaint against the perpetrator.
In response to this, Learned Amicus Curiae Padma Priya informed the court that accessing the SHE-Box platform could pose challenges for women facing sexual harassment in remote areas. She noted that limited access to internet might make it difficult for a woman to directly access the “SHe-Box”.
Noting the gaps and circumstances, the bench finds it relevant to issue certain directions so that this facility is made available to a woman who has suffered sexual harassment to effectively make her complaint.
Hence, taking note of the submission of learned ASG as well as learned Amicus Curiae, the bench directed that “the National Legal Services Authority(NALSA) as well as the State Legal Services Authorities as well as the authorities constituted at the District and Taluka level may take note of the contents of this order and facilitate any lady who has suffered sexual harassment at the workplace to register her complaint effectively before the Internal Committee constituted in the workplace and if not, to assist the victim in accordance with the law.”
The court urged these legal bodies to proactively help victims to report their cases before Internal Committees or Local Committees, as the case may be, in accordance with the provision of Section 9 of the POSH Act which makes it mandatory for every organisation having more than 10 employees to constitute an IC. The court also recognized the need for adequate publicity to be given for this purpose by way of legal awareness programmes.
The bench emphasized that “access to justice is as important as rendering of justice”. Without an appropriate forum to address grievances, the victim is left vulnerable to suffering and injustice. It is, therefore, the duty and responsibility of all parties under the POSH Act-particularly employers across governmental, public and private sectors-to ensure that Internal Committees (ICs) are promptly constituted wherever they are not already in place.
“It is further observed that the Ministry of Labour of the Union of India as well as the Departments of Labour in the respective State Governments in consultation with the Department of Women and Child Development both at the Union as well as at the State Level shall take steps to ensure that the provisions of the Act are effectively implemented by issuing directions for the constitution of the Internal Committee where they have not yet been constituted and also for ensuring the said Committees work in accordance with law in letter and spirit of the Act and train the employees in the form of giving training and creating awareness about the rights of the women in workplaces”
By underscoring the urgency of establishing these committees, the bench called upon the labour and women and child development ministries to ensure that the compliances are done by December 03, 2024.
“It is further expected that the Department of Labour, Department of Women and Child Development in all the States as well as the Union of India shall render all assistance to the National and State Legal Services Authorities respectively for effective implementation of the Act,” the court added.
This serves as a wake-up call for all levels of government and private sector to actively enforce the implementation of the POSH At, ensuring that workplaces nationwide are truly inclusive and safe for women.
[1] https://ssrana.in/articles/supreme-court-guidelines-bridge-lacuna-posh-implementation/