PoSH Laws Not Implemented Faithfully & Properly - Supreme Court of India Reprimands Defaulting Employers For Disrespecting our Own PoSH Laws

"PoSH Laws Not Implemented Faithfully & Properly - Supreme Court of India Reprimands Defaulting Employers For Disrespecting our Own PoSH Laws".

Once more, once again, on 12^th May 2023, our Honorable Supreme Court, admonished all the Employers as well as the Occupiers of each and every Workplaces; and all the Authorities in Central Government and State Governments and Union Territories; and all the designated Chief Secretaries; HODs and Managers for not complying with and Not Obeying and Not Implementing, faithfully and properly the Provisions of the Sexual Harassment of Woman at Workplace (Prevention, Prohibition & Redressal Act 2013, and the Rules framed thereunder and gazetted on 9^th December 2013.

Simultaneously, almost in the same breath, Hon’ble Supreme Court of India, alerted all the Employers and the Occupiers of Workplaces; and all the Authorities in Central Government and State Governments and Union Territories; and all the designated Chief Secretaries and all Other Authorities named in their Judgement dated 12.05.2023.

Some Noteworthy Observations of the said Supreme Court are reproduced below for our Respected Readers’ Ready Reference: -

 

1.  1. It is disquieting to note that there are serious lapses in the enforcement of the Act Even after such a long passage of time. This glaring lacuna has been recently brought to the fore by a National Daily Newspaper that has conducted and published a Survey of 30 National Sports Federations in Our Country and reported that 16 out of 32 National Sports Federations have not constituted an Internal Committee till date, i.e. 12.05.2023. even after Ten (10) years of gazetting the aforesaid Act of 2013, referred to as the PoSH Law.

 2.   Where the Internal Committee (IC) have been found to be in place, they do not have the stipulated number of Members or lack the mandatory Non-Employee Third Party Member (External).

 3.  This is indeed a sorry state of affairs and reflects poorly on all the State Functionaries, Public Authorities, Private Undertakings, Organizations and Institutions who are duty bound to implement the PoSH Act in letter and spirit.

 4.  Being a victim of such a deplorable act not only dents the self-esteem of a woman, it also takes a toll on her emotional, mental and physical health.

 5.  It is often seen that when Women face Sexual Harassment at the Workplace, they are reluctant to report such misconduct. Many of them even drop out from their job.

6.    One of the reasons for this Reluctance to Report is that there is an uncertainty about who to approach under the Act for redressal of their Grievance.

7.   However salutary this enactment may be, it will never succeed in providing dignity and respect that women deserve at the workplace unless and until there is strict adherence to the enforcement regime and a proactive approach by all the State and non-State actors.

 8.   If the working environment continues to remain Hostile, Insensitive and Unresponsive to the Needs of Women Employees, then the Act will remain an empty formality.

 9.   If the Authorities/Employers/ Managements/Employers cannot assure Women, a Safe and Secure Workplace, Where No Woman Shall Ever Be Subjected to Sexual Harassment, they will fear stepping out of their homes to make a dignified living and exploit their talent and skills to the hilt.

 10.  It is time for the Union Government and the State Governments to take affirmative action and make sure that the altruistic object behind enacting the PoSH Act is achieved in real terms.

 

On 12^th May 2023, the Supreme Court of India, issued below-mentioned Directions to fulfil the promise that the PoSH Act holds out to Women at Workplaces all over the country:

(i)  i).  The Union of India, all State Governments and Union Territories are directed to undertake a timebound exercise to verify as to whether all the concerned Ministries, Departments, Government organizations, authorities, Public Sector Undertakings, Institutions, Bodies, etc. have constituted Internal Committees /Local Committees, as the case may be and

 (ii) That the Composition/ Constitution of the said Internal Committees and Local Committees are strictly in terms of the Provisions of the PoSH Act, Section-4.

(iii)  It shall be ensured that a) Necessary information regarding the Constitution and Composition of the ICs and LCs, and b) the Details of the e-mail IDs and contact Telephone Numbers of the Nominated/ designated Persons, c) the Procedure prescribed for Submitting an Online Complaint, as also d) the relevant Rules, Regulations and Internal Policies are made readily available on the website of the concerned Authority/Functionary/ Organization /Institution/Body, as the case may be. The information furnished shall also be updated from time to time.                                                                                                     

(iv)    A Similar Exercise shall be undertaken by all the Statutory Bodies of Professionals at the Apex level and the State level including those regulating Doctors, Lawyers, Architects, Chartered Accountants, Cost Accountants, Engineers, Bankers and other professionals), by all the Universities, Colleges, Training Cantres and Educational Institutions and by Government and Private Hospitals, Dispensaries, Nursing Homes.

    (v)      Immediate and Effective Steps shall be taken by the Authorities/ Managements/Employers to familiarize Members of the Internal Committees /the Local Committees with their duties and the manner in which an Inquiry ought to be conducted on receiving a Complaint of Sexual Harassment at the Workplace, from the point when the complaint is received, till the Inquiry is finally concluded and the Report submitted.

 (vi)    The Authorities/Management/Employers shall regularly conduct Orientation Programs, Workshops, Seminars and Awareness Programs to Upskill Members of the ICs/LCs and to Educate Women Employees and women’s groups about the provisions of the Act, the Rules and relevant regulations.

 (vii)  The National Legal Services Authority (NALSA) and the State Legal Services Authorities (SLSAs) shall develop modules to conduct Workshops and organize Awareness Programs to sensitize authorities/managements/employers, employees and adolescent groups with the provisions of the Act, which shall be included in their annual calendar.

 (viii)  The National Judicial Academy and the State Judicial Academies shall include in their Annual Calendars, Orientation Programs, Seminars and Workshops for Capacity Building of Members of the IC and the LCs established in the High Courts and District Courts and for drafting Standard Operating Procedures (SOPs) to conduct an inquiry under the Act and Rules.

 (ix)   A copy of this Judgment shall be transmitted to the Secretaries of all the Ministries, Government of India who shall ensure implementation of the Directions by all the concerned Departments, Statutory Authorities, Institutions, Organizations etc. under the control of the respective Ministries.

 (x)   A copy of the Judgment shall also be transmitted to the Chief Secretaries of all the States and Union Territories who shall ensure strict compliance of these directions by all the concerned Departments.

 (xi)   It shall be the responsibility of the Secretaries of the Ministries, Government of India and the Chief Secretaries of every State/Union Territory to ensure implementation of these Directions issued.

(xii)  The Registry of the Supreme Court of India shall transmit a copy of this judgment to the Director, National Judicial Academy, Member Secretary, NALSA, Chairperson, Bar Council of India and the Registrar Generals of all the High Courts. The Registry shall also transmit a copy of this judgment to the Medical Council of India, Council of Architecture, Institute of Chartered Accountants, Institute of Company Secretaries and the Engineering Council of India for implementing the directions issued.

(xiii)  Member-Secretary, NALSA is requested to transmit a copy of this judgment to the Member Secretaries of all the State Legal Services Authorities.

 (xiv)  Similarly, the Registrar Generals of the State High Courts shall transmit a copy of this judgment to the Directors of the State Judicial Academies and the Principal District Judges/District Judges of their respective States.

 (xv)     The Chairperson, Bar Council of India and the Apex Bodies mentioned in sub-para (ix) above, shall in turn, transmit a copy of this judgment to all the State Bar Councils and the State Level Councils, as the case may be.

 (xvi)  The Union of India and all States/UTs are directed to File their Affidavits within Eight Weeks (08) for reporting compliances.

 (xvii)    List after eight weeks. (i.e. on or before 12^th July 2023).

 

I am eagerly waiting for further Directions/ Instructions/Orders from our Hon’ble Supreme Court, in this matter. Let There Be Enlightenment

Harsh Kumar Sharan

XLRI Alumnus & Spl Educator PoSH Programs 

For Internal Committee Presiding Officers and Members 

Email:   hksharan@kritarth.in /hksharan@gmail.com / www.kritarth.in

Contact Tl Nos: 91-9560 453 756 /81058 26053

Bengaluru Service Centre

15th January 2024

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