Supreme Court Cracks Down on Workplace Harassment: Calls for Nationwide Compliance

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The Supreme Court of India has taken a strong stance against workplace harassment, calling on all high courts and states to ensure compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, also known as the POSH Act. The court has directed high courts to report on the establishment of internal complaints committees in all courts and tribunals, and has asked states and union territories to appoint district and nodal officers for the redressal of sexual harassment complaints. In two separate proceedings, the court heard a public interest litigation (PIL) filed by Geeta Rani, seeking uniform implementation of the POSH Act, and a pending petition filed by a victim of sexual harassment, where the court is monitoring country-wide directions issued to states and union territories to give full effect to the Act's provisions. The court expressed concern that seven high courts have not framed regulations for setting up internal complaints committees, while many district courts have yet to form these committees. The court also noted that sensitization and awareness among court administration, judicial staff, security personnel, and lawyers are inadequate, exposing women to an unsafe environment and undermining their constitutional guarantees. In a separate proceeding, the court was informed that several public and private establishments have yet to form internal complaints committees, district officers, and nodal officers for effective reporting mechanisms of sexual harassment complaints. The court directed states and union territories to share a status report on the implementation of the POSH Act provisions and to respond within three weeks. The court also directed the national legal service authority to publish information about district officers on its portal and to appoint nodal officers in compliance with the Act. Furthermore, the court directed the Centre to publicize the She-Box portal, established by the Ministry of Women and Child Development, for reporting complaints by victims under the Act through print and electronic media. The POSH Act, which replaced the Vishaka guidelines of 1997, requires any woman to lodge a written complaint with an internal committee or a local committee, depending on the number of employees in the establishment. The court has been engaging with states and UTs on implementing the law, observing that a woman cannot give up her job because of sexual harassment, as it affects her right to life and occupation under the Constitution of India.