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Synopsis

Supreme Court on Thursday directed all States and Union Territories' Women and Child Department to ensure officers' are appointed in each district under the anti-sexual harassment law within a period of four weeks.

“The concerned Principal Secretary of the State/UT Ministry of Women and Child will personally ensure appointment of a district officer in each district within their territorial jurisdiction, as contemplated under Section 5 within four weeks from the date of this judgment," a bench of Justices S Ravindra Bhat and Dipankar Datta said.

Court noted that role of the district officer is pivotal as they are responsible for numerous aspects in the implementation of the Act. 

"It is where the buck stops, so to say, in terms of coordination and accountability relating to the POSH (Prevention of Sexual Harassment) Act," the bench added.

It has been further ordered to create a circular/bulletin containing names of all district officers, and their contact details (phone, address, and email), along with a district wise chart of the various nodal officers and their contact details, must be uploaded on the department’s website.

“The failure to notify district officers specifically, has a snowballing effect on appointment of the LCs and nodal officers, in addition to other aspects. The complaint mechanism, and larger framework - no matter how effective, remain inadequate if the authorities set out in the Act, are not duly appointed/notified," the bench said.

Women and Child Development Ministry of every State/UT, through its Principal Secretary, should also consider identifying a ‘nodal person’ within the Department, to oversee and aid in coordination as contemplated under the POSH Act. This person would also be able to coordinate with the Union Government on matters relating to this Act and its implementation, it said.

"The Union Government may also consider amending the Rules so as to identify one Department (preferably the Women and Child Department), and creating a ‘nodal person’ post within the said Department to be responsible for the coordination required in the implementation of the Act. This will ensure greater uniformity in the implementation of the Act across the country”, the judgment adds.

The POSH Act mandated each employer to constitute an Internal Complaints Committee (ICC) and for those workplaces which employ less than 10 workers or where the employer themselves are the respondent, the Act provides for a local complaints committee in each district to be constituted by district officer.

The Act also provides that the appropriate government may notify a district magistrate or additional district magistrate or the collector or deputy collector as a district officer for every district. 

Court said the term ‘may’ not be construed as discretionary, else the efficacy of the anti-sexual harassment legislation will “fall flat”. It has also directed listing of the matter in the first week of February 2024, for further compliance.

A direction for coordination between the States and the Centre has also been issued, to consider amending the rules to operationalise Section 26 by recognising a reporting authority, and/or a fine collecting authority, mandatory training and capacity building, larger efforts towards awareness and annual compliance report.

Furthermore, directions have been issued to hospitals, nursing homes, sports institutes, stadiums, sports complex, or competition or games venues to establish ICs, and report compliance as per the duties under this Act. 

Case Title: INITIATIVES FOR INCLUSION FOUNDATION & ANR. vs. UNION OF INDIA & ORS