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Issue for consideration:Writ petitioner sought directions for implementation of the SexualHarassment at Workplace (Prevention, Prohibition and Redressal)Act, 2013 read with the Sexual Harassment of Women at Workplace(Prevention, Prohibition and Redressal) Rules, 2013.Sexual Harassment at Workplace (Prevention, Prohibitionand Redressal) Act, 2013 – Sexual Harassment of Womenat Workplace (Prevention, Prohibition and Redressal) Rules,2013 – Directions issued (under the relevant heads) to ensurethe effective implementation of the POSH Act, and render itworkable.Held: (A) Coordination between Union Government and State/UTGovernments: The Women and Child Development Ministry ofevery State/UT, through its Principal Secretary, should consideridentifying a ‘nodal person’ within the Department, to overseeand aid in coordination as contemplated under the POSH Act– This person would also be able to coordinate with the UnionGovernment on matters relating to this Act and its implementation;(B) Appointment of Public Authorities: The concerned PrincipalSecretary of the State/UT Ministry of Women and Child [orany other Department, subject to amendment of the Rules],will personally ensure appointment of a district officer in eachdistrict within their territorial jurisdiction, as contemplated underSection 5 – Thereafter, each appointed district officer (a) must incompliance of Section 6(2) appoint nodal officers in every block,taluka and tehsil in rural or tribal area and ward or municipalityin the urban area; (b) must constitute a LC, as contemplatedunder Section 6 and 7 of the Act; and (c) ensure the contactdetails of these nodal officers, and LCs, shall be forwardedto the nodal person within the State Government Ministry ofWomen and Child Development – Thereafter, a circular/bulletincontaining names of all district officers, and their contact details(phone, address, and email), along with a district wise chartof the various nodal officers and their contact details, must beuploaded on the department’s website (or in the absence ofone, on the main State government website) in a conspicuouslocation, along with a compiled version of the Act, Rules, andsimple charts/explainers on the basics of the Act; (C) Amendmentsand gaps in Rules that State must fill: The Union Governmentought to consider amending the Rules, so as to operationaliseSection 26 of the Act, by recognising a reporting authority, and/or a fine collecting authority – The Union Government may alsoconsider amending the Rules so as to identify one Department(preferably the Women and Child Department), and creating a‘nodal person’ post within the said Department to be responsiblefor the coordination required in the implementation of the Act;(D) Training and capacity building: The District Officers andLCs should be mandatorily trained regarding their importantresponsibilities – Organisation of periodic and regular trainingsessions at the District level which are to be attended by theDistrict Officer, members of the LC, and nodal officers; (E) Largerefforts towards awareness: In furtherance of Section 24, the State/UT Governments, and Union Government are hereby directedto set out the financial resources allocated and or needed, todeveloping educational, communication and training material forspreading awareness of the provisions of this Act to the public,and formulate orientation and training programmes – The DistrictOfficers, once nominated by the State are hereby directed toidentify the non-governmental organisations working with womenand their protection within the district, and take action pursuantto their duty under Section 20(b) for creation of awareness – Theappropriate government or district officers in question, must alsoundertake effort to spread awareness on the existence of LCs,and make them approachable for the unorganized sector-thusoperationalizing the horizontal import of this Act – The directions(iv) and (v) passed in Aureliano Fernandes v. State of Goa & Ors.are reiterated – A targeted effort be made to share the Governmentof India, Handbook on Sexual Harassment of Women at Workplace(2015) with each District Officer, who may in turn disseminateit to their respective LCs, the nodal officers appointed underSection 6(2), and employers who constitute their own ICCs; (F)Annual Compliance Reports : Due compliance with Section 21(1)and (2), and Section 22, must be undertaken by each DistrictOfficer, of the State – The State/UT Governments is herebydirected to create a Standard Operating Procedure (SOP) includingthe procedure, and timelines for this process, so as to enableit to, in turn, comply with Section 23 of the Act, i.e., monitoringimplementation and maintaining data; (G) Monitoring of ICs andcompliance by employers : The directions passed in AurelianoFernandes v. State of Goa & Ors. address most specifically,the constitution of ICs-in public establishments [falling broadlywithin Section 2(o)(i)] and some private establishments-such asbodies governing professional associations, etc.; those directionsare hereby reiterated, to avoid multiplicity or overlap of efforts –Similarly, directions are hereby made to hospitals, nursing homes,sports institutes, stadiums, sports complex, or competition orgames venues [as defined in Section 2(o)(iii) and (iv)] to establishICs, and report compliance as per the duties under this Act – TheDistrict Officer must be supplied a list of establishments (compiledby the relevant departments of the State/UT Government) that fallwithin the scope of Section 2(o), so that they may write to themand ensure that they are well versed with the provisions relatingto employers, and their duties (including constitution of ICC underSection 4, duties under Section 19, etc.) and are implementingthem in letter and spirit. This will also enable collection of annualreports, as contemplated under Section 21 – The consequentdirection to all private sector workplaces under Section 2(o)(ii)can be passed once the District Officer is able to discern anexhaustive list of entities. [Para 22]Sexual Harassment at Workplace (Prevention, Prohibition andRedressal) Act, 2013 – ‘may’ in s.5 – discussed.Sexual Harassment at Workplace (Prevention, Prohibitionand Redressal) Act, 2013 – ‘domestic worker’, ‘unorganisedsector’, ‘workplace’ – discussed.Sexual Harassment at Workplace (Prevention, Prohibition andRedressal) Act, 2013 – Role of District Officer – discussed. |
