Supreme Court Reinforces POSH Act Implementation: Fresh Directives to States/UTs on Committees and Officers

Court Continues Monitoring of Anti-Sexual Harassment Law

New Delhi: The Supreme Court of India, on May 21, 2025, issued a fresh set of directives to all States and Union Territories to ensure robust compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). Hearing a miscellaneous application in the case of Aureliano Fernandes vs. The State of Goa along with a Public Interest Litigation (W.P.(C) No.1224/2017), a bench comprising Hon'ble Mrs. Justice B.V. Nagarathna and Hon'ble Mr. Justice Satish Chandra Sharma emphasized the need for complete and accurate implementation of the Act's provisions.

The Court was reviewing compliance with its numerous previous orders, guided by a comprehensive Status Report submitted by learned Amicus Curiae, Ms. Padma Priya.

Background: Ensuring Nationwide POSH Act Adherence

The proceedings are part of the Supreme Court's ongoing efforts to monitor the nationwide implementation of the POSH Act, a critical legislation aimed at providing safe and secure work environments for women. The core issue revolves around ensuring that the mechanisms established under the Act, such as Internal Complaint Committees (ICCs), Local Complaint Committees (LCCs), and the appointment of necessary officers, are effectively functioning across both government and private sectors.

Amicus Curiae Highlights Compliance Gaps

The Amicus Curiae's Status Report, which the Court annexed to its order, detailed the compliance status across various parameters:

Appointment of District Officers (Section 5): The report noted that this direction has been complied with by every State and Union Territory.

Local Complaint Committees (LCCs) (Section 7): While most States have constituted LCCs, the Amicus pointed out that the extent of actual compliance remained unclear for Delhi, Haryana (for 3 districts: Jind, Karnal, and Nuh), Jharkhand (LCCs in 22 out of 24 districts), and Kerala.

Internal Complaint Committees (ICCs) (Section 4): Most States have issued directions for ICC constitution. Many, including Andaman & Nicobar Islands, Chhattisgarh, Goa, Gujarat, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra , Mizoram, Rajasthan, Uttar Pradesh, and West Bengal, have conducted extensive surveys covering private institutions. However, concerns were raised about the accuracy or completeness of data from some states like Bihar, Manipur, and Uttarakhand , which primarily surveyed government institutions. The Amicus suggested that States and UTs be directed to conduct extensive, time-bound surveys for ICCs in all government and private institutions, potentially adopting the format used by Maharashtra .

Nodal Officers (Section 6(2)): The Amicus submitted that clarity was required regarding the appointment of Nodal Officers specifically under Section 6(2) of the POSH Act for several States and Union Territories.

The Court recorded its "sincere appreciation of the efforts made by learned Amicus in seeking to implement the provisions of the 2013 Act."

Supreme Court's Directives for Stricter Compliance

Based on the Amicus Curiae's report and submissions, the Supreme Court issued the following key directions:

LCC Compliance: The States of Delhi, Haryana, Jharkhand, and Kerala were directed to file additional affidavits clarifying the constitution of Local Complaints Committees.

ICC Surveys: All States and Union Territories are to conclude comprehensive surveys on the constitution of ICCs in all government and private institutions within every district in a time-bound manner. The Court noted the effective survey methods adopted by Maharashtra and Gujarat as potential models.

Nodal Officer Clarity: The Court sought clarity on the appointment of Nodal Officers under Section 6(2) of the POSH Act from the following States and Union Territories:

Arunachal Pradesh

Chhattisgarh

Dadra and Nagar Haveli and Daman & Diu

Haryana

Jammu & Kashmir

Jharkhand

Ladakh

Madhya Pradesh

West Bengal

Verification of District Officer List: The Amicus Curiae had filed a list of District Officers appointed under Section 5 of the Act, compiled from material on respective State/UT websites. The Court requested counsel for the States/UTs to verify this list within one week and inform the Amicus of any necessary changes.

Publication of District Officer List: Upon receiving updated information, the Amicus is to provide the revised list to the National Legal Services Authority (NALSA) for publication on its website, with hyperlinks to State Legal Services Authorities. Respective States and UTs are also to publish this list on the website of their Department of Women and Children. This entire exercise is to be completed within four weeks.

Further Implementation Aspects: The Court requested the Amicus Curiae to examine a note submitted by the petitioner's senior counsel and bring to the Court's notice any further aspects regarding the Act's implementation by the next hearing.

Emphasis on Data and Transparency

The Court's order underscores the importance of accurate data collection through surveys for effective monitoring of the POSH Act. The suggestion to follow the survey models of Maharashtra and Gujarat indicates a push towards standardized and thorough data gathering. Furthermore, the directive to publish the list of District Officers aims to enhance transparency and accessibility for aggrieved women.

Implications: Towards a Safer Workplace

The Supreme Court's continued and detailed oversight signals its firm commitment to ensuring that the POSH Act translates into tangible safety for women at workplaces across the country. These directives place further responsibility on State and Union Territory administrations to address compliance gaps and strengthen the institutional framework against sexual harassment.

The matter has been adjourned to August 12, 2025 , for further hearing and review of compliance.