Supreme Court expresses dissatisfaction over lack of effective enforcement of the POSH Act, a law aimed at preventing sexual harassment of women in the workplace. The Court was informed that 16 out of 30 national sports federations in the country had not constituted an Internal Complaints Committee (ICC) despite the law being enacted a decade ago. The bench of Justices AS Bopanna and Hima Kohli observed that this was a sorry state of affairs and emphasized that all public and private organizations were duty-bound to implement the Act in its true spirit. The Court also noted that the reluctance of women to report sexual harassment was a social malady that needed to be addressed urgently through robust and efficient implementation of the law.
In a recent hearing, the Supreme Court expressed deep concern over the poor implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 (POSH Act), a decade after its enactment. The court observed that despite the Act being in place, there were serious lapses in its effective enforcement. The bench noted that 16 out of 30 national sports federations in the country did not have an Internal Complaints Committee (ICC) to address sexual harassment complaints. This sorry state of affairs highlights the need for a more proactive approach towards implementing the POSH Act.
To address the issue, the Court has directed both the Central and State Governments to take affirmative action to ensure that the POSH Act is implemented in letter and spirit. The Court has also issued several directives to ensure that the Act is effectively enforced. These include verifying whether all concerned Ministries, Departments, Government organizations, authorities, Public Sector Undertakings, institutions, and bodies have constituted ICCs/LCs/ICs, as per the provisions of the Act. Additionally, the Court directed the concerned authorities to make necessary information regarding the composition and constitution of the ICCs/LCs/ICs, details of designated persons, and the procedure for submitting online complaints readily available on their respective websites.
Moreover, the Court has directed the concerned authorities to conduct workshops, seminars, and awareness programs regularly to educate members of the ICCs/LCs/ICs and women employees on the provisions of the Act, relevant rules, regulations, and internal policies. It has also directed the National Legal Services Authority (NALSA) and the State Legal Services Authorities (SLSAs) to develop modules for conducting workshops and organizing awareness programs for employees and adolescent groups. The Court cautioned that the POSH Act will remain an empty formality unless there is strict adherence to the enforcement regime and a proactive approach by all the State and non-State actors.
In conclusion, the Court directed a copy of the judgment to be transmitted to the secretaries of all the ministries, Government of India, who shall ensure implementation of the directions by all concerned departments, statutory authorities, institutions, organizations, etc., under the control of the respective ministries. This would ensure that the altruistic object behind enacting the PoSH Act is achieved in real terms.
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