SC Imposes Costs on 5 States, 1 UT for Non-Compliance with POSH Act
On December 2, 2024, the Top Court had issued a slew of directions for the successful implementation of the Prevention of Sexual Harassment of Women at Workplace (POSH) Act, 2013
The Supreme Court of India recently imposed a cost of Rs.5,000/- on the States of Manipur, Jharkhand, Madhya Pradesh, Himachal Pradesh, Telangana and the Union Territory of Pondicherry for failing to complying with the slew of directions issued by the court for the effective implementation of the Prevention of Sexual Harassment of Women at Workplace (POSH) Act, 2013.
A bench of Justices BV Nagarathna and N Kotiswar Singh said," In the circumstances, we grant three weeks’ time to file their affidavits subject to payment of costs of Rs.5,000/- (Rupees five thousand only) payable to the Supreme Court Legal Services Committee within a period of two weeks."
During the hearing, Advocate Padma Priya assisting the as amicus curiae informed the bench that the States of Nagaland, Goa, Bihar, Rajasthan, Uttarakhand, Orissa, Mizoram, Karnataka, Tripura, Gujarat, Uttar Pradesh, Assam, Tamilnadu, Meghalaya, Punjab, Sikkim, Andhra Pradesh, Kerala, and Union Territories of Chandigarh and Andaman & Nicobar have complied with the orders.
Amicus Curiae Advocate Padma Priya further urged the court for some time for her examine the affidavits and make further submissions in the matter.
On December 3, the Supreme Court had issued directions for the successful implementation of the Prevention of Sexual Harassment of Women at Workplace (POSH) Act, 2013.
A bench of Justices BV Nagarathna and N Kotiswar Singh had ordered Chief Secretaries of all states and union territories to conduct a nationwide survey to identify the public and private institutions which are yet to set up an internal complaints committee (ICC) for handling complaints of sexual harassment at workplaces.
The bench had further directed that district officers be appointed to coordinate efforts to implement the law through nodal officers for each area or taluk within the district.
The court directed the States and UTs to appoint an officer in each district by December 31, 2024, who would constitute a local complaints committee by January 31, 2025 and appoint nodal officers at taluka levels.
Additionally, the division bench also ordered the formation of Internal Complaints Committees (ICCs) for all government departments and public sector undertakings, along with the creation of SheBox portals, a complaint box meant exclusively for women, for nationwide compliance of the POSH Act.
Advocate Padma Priya who had been appointed as Amicus Curiae, outlined the existing mechanisms under the National Legal Services Authority (NALSA).
Additional Solicitor General (ASG) Aishwarya Bhati highlighted the importance of SheBox portal as a grievance redressal tool, however, she added that private sector organisations were absent from the platform.
In 2023, the top Court had expressed displeasure over the poor implementation of the provisions of the POSH Act and thus, issued some important guidelines for proper implementation of the Act.
“It is quite disquieting to note that there are serious lapses in the enforcement of the Act even after such a long passage of time,” the bench had observed.
Case Title: Aureliano Fernandes vs. State of Goa & Ors