All state functionaries, pvt undertakings duty bound to implement Prevention of Sexual Harassment Act

The SC said all state functionaries, public authorities, private undertakings, organizations and institutions are duty-bound to implement the PoSH Act in letter, spirit

The Supreme Court on Friday directed the Centre, all state government, and Union Territories to verify in a time bound exercise whether all the concerned ministries, departments, government organizations, authorities, public sector undertakings, institutions, bodies, etc have constituted sexual harassment committees.

The court said it is disquieting to note that there are serious lapses in the enforcement of the 2013 Prevention of Sexual Harassment (PoSH) Act even after such a long passage of time.

A bench of Justices A S Bopanna and Hima Kohli said if the working environment continues to remain hostile, insensitive and unresponsive to the needs of women employees, then the 2013 Prevention of Sexual Harassment (PoSH) Act will remain an empty formality.

“If the authorities/managements/employers cannot assure them a safe and secure work place, they will fear stepping out of their homes to make a dignified living and exploit their talent and skills to the hilt. It is, therefore, 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," Justice Kohli, who authored the 61-page judgment on behalf of the bench, wrote.

The top court said howsoever 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.

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The bench said all the state functionaries, public authorities, private undertakings, organizations and institutions are duty bound to implement the PoSH Act in letter and spirit.

“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. 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. 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,” the bench said.

The bench also referred to a glaring lacuna recently brought to the fore by a national daily newspaper that out of 30 national sports federations in the country, 16 out of them have not constituted an ICC (Internal Complaints Committees) till date.

“An improperly constituted panel would be an impediment in conducting an inquiry into a complaint of sexual harassment at the workplace, as envisaged under the statute and the rules. It will be equally counterproductive to have an ill-prepared committee conduct a half-baked inquiry that can lead to serious consequences, namely, imposition of major penalties on the delinquent employee, to the point of termination of service," the bench said.

The bench directed that necessary information, including e-mail IDs and contact numbers of the designated persons, the procedure prescribed for submitting an online complaint, as also the relevant rules, regulations and internal policies are made readily available on the website of the concerned bodies, including the statutory ones.

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The top court's decision came on a plea by Aureliano Fernandes, a former head of department at Goa University, against the Bombay High Court order, in connection with sexual harassment allegations against him.

The high court had dismissed his plea challenging the Executive Council of Goa University (disciplinary authority) order, dismissing him from services and disqualified him from future employment. The apex court set aside the high court order noting procedural lapses in inquiry proceedings and violation of principles of natural justice.

In its directions, the court directed for regularly conducting orientation programmes, workshops, seminars and awareness programmes to upskill members of the panels and to educate women employees and women’s groups about the provisions of the Act, the Rules and relevant regulations.

The apex court directed the National Legal Services Authority (NALSA) and the State Legal Services Authorities (SLSAs) to develop modules to conduct workshops and organise awareness programmes.

The top court sought compliance of its orders within eight weeks, saying it would be the responsibility of the secretaries of the ministries, the government of India and the chief secretaries of every state/Union Territory to ensure implementation of the directions.