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Synopsis

The Supreme Court has directed that the National Legal Services Authority (NALSA), the State Legal Services Authorities as well as the authorities constituted at the District and Taluka level to 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 law. 

A bench of Justices B V Nagarathna and N Kotiswar Singh emphasised that it is the obligation and duty of all concerned under the the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) and particularly the employers whether in the governmental, public or private sector to ensure that the Internal Complaints Committees are constituted forthwith wherever they have not been constituted. 

"It is needless to observe that access to justice is as important as rendering of justice. In the absence of there being any forum where the complaint can be made, the victim would only suffer further," the bench said.

The court directed 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 Complaints Committees 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.

"National Legal Services Authority through the Member Secretary may also issue suitable directions to all the State Legal Services Authorities to ensure compliance of these directions and to seek reports of compliances. In view of the directions, the concerned State Legal Services Authorities are to comply with the directions to be issued by National Legal Services Authority in the matter of implementation of the directions and in the matter of compliance to be made on the implementation of the provisions of the Act," the bench said.

The court clarified that directions issued to NALSA and State Legal Services Authorities are in addition to and not in substitution of the directions issued to the State Governments. 

The bench posted the matter arising out compliance of judgment dated 12th May, 2023 on a plea by Aureliano Fernandes, for further consideration on December 3, 2024.

During the hearing, Additional Solicitor General Aishwarya Bhati, appearing for the Centre, submitted that the Union Minister of Women and Child Development had launched a revamped version of SHe-Box on August 29, 2024.

"Sexual Harassment electronic Box (SHe-Box) is an effort of the Government of India to provide a single window access to every woman, irrespective of her work status, whether working in an organised or unorganised, private or public sector, to facilitate the registration of complaint related to sexual harassment. Any woman facing sexual harassment at workplace can register their complaint through this portal. Once a complaint is submitted to the ‘SHeBox’, it will be directly sent to the concerned authority having jurisdiction to take action into the matter," a response from the Centre stated.

The Centre's note further stated that it is a major step towards women's empowerment by ensuring them a safer workplace and an easy access to redressal mechanism. This platform would provide a secure and confidential way for women to report instances of harassment and fostering a culture of accountability.

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 woman irrespective of her work status, whether in an organized or unorganized, private or public sector and to facilitate the registration of complaint relating to sexual harassment. 

She also 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, Amicus Curiae Advocate Padma Priya submitted that it may not be possible for a lady who is a victim of sexual harassment to directly access the “SHe-Box”.

In the circumstances, certain directions may be issued so that this facility is made available to a woman who has suffered sexual harassment to effectively make her complaint, she said.

She also referred to Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. 

Having taken note of the submissions of ASG as well as Amicus Curiae, the court issued its directions to the NALSA and other authorities. 

Case Title: Aureliano Fernandes Vs The State of Goa & Ors