Supreme Court Directives for Effective POSH Act Implementation

In a landmark ruling, the Hon’ble Supreme Court has issued crucial directives aimed at ensuring effective compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). This decision, stemming from the case of Aureliano Fernandes v. State of Goa and Ors, is pivotal in enhancing the safety and dignity of women in workplaces across India.

Key Highlights of the Judgment

1. Nationwide Uniformity in Implementation

The Supreme Court has mandated that all States and Union Territories (UTs) implement the POSH Act uniformly and rigorously. This uniformity is essential for creating a safe working environment for women.

2. Establishment of Mandatory Committees

  • District Officers must be appointed by December 31, 2024.
  • Local Complaints Committees (LCCs) are to be established by January 31, 2025.
  • Internal Complaints Committees (ICCs) are now compulsory in all workplaces, including government entities, public sector undertakings (PSUs), and private organizations.

3. Improved Grievance Mechanisms

  • The creation of SheBox portals will facilitate the registration of complaints. This online platform is designed to make the complaint process more accessible.
  • Details of ICCs, LCCs, and nodal officers must be uploaded on the SheBox platform for easy access.

4. Accountability in the Private Sector

  • Private sector employers are required to ensure compliance with ICC regulations.
  • Deputy Commissioners/District Magistrates will conduct surveys of organizations to assess compliance and report findings under Section 26 of the POSH Act.

Compliance Deadlines

  • December 31, 2024: Deadline for the appointment of District Officers.
  • January 31, 2025: Deadline for the formation of LCCs.
  • March 31, 2025: Final deadline for full compliance with the Act.

The Supreme Court has emphasized that the success of the POSH Act hinges on strict adherence to its provisions by all stakeholders. This commitment is vital for ensuring a safe and dignified work environment for women across the nation.

For more information on the POSH Act and its implementation, visit the SheBox portal.

Stay tuned for further updates regarding compliance requirements and implementation strategies!

Jigar Kenia

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