“The POSH Act’s objectives remain unmet. States are directed to enforce its provisions diligently.” — Supreme Court BenchSupreme Court Seeks Affidavits from States/UTs on Compliance with POSH Act Enforcement Directions”
SUPREME COURT
New Delhi, April 26, 2025 – The Supreme Court of India has directed all States and Union Territories (UTs) to submit follow-up affidavits detailing their compliance with its earlier directions for the effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). This order, passed on April 26, 2025, underscores the Court’s ongoing efforts to ensure strict adherence to the POSH Act, aimed at creating a safe and harassment-free workplace for women across India.
A bench comprising Justices BV Nagarathna and Satish Chandra Sharma issued the directive while hearing a case concerning the enforcement of the POSH Act. The Court’s order follows its comprehensive directions issued on December 3, 2024, which emphasized decentralizing the implementation of the POSH Act, particularly in the private sector, where compliance has been notably deficient. The bench expressed concern over the lack of follow-up action by States and UTs to ensure that local authorities are effectively implementing the Court’s mandates.
Background and Court’s Directions
The Supreme Court’s December 2024 order outlined several key measures to strengthen the enforcement of the POSH Act, including:
The mandatory constitution of Internal Complaints Committees (ICCs) at workplaces in accordance with Section 4 of the POSH Act.
The appointment of District Officers under Section 5 to oversee the Act’s implementation at the district level.
The establishment of Local Committees (LCs) under Section 6 to address complaints from establishments with fewer than 10 employees or where the complaint is against the employe
Surveys by Chief Secretaries and District Officers to verify the constitution of ICCs in both public and private sector organizations.
Utilization of the SheBox Portal to upload compliance-related information for transparency.
The Court had previously imposed a cost of Rs. 5,000 on several States and UTs on February 11, 2025, for failing to file compliance affidavits as directed. Despite some States, including Nagaland, Goa, Rajasthan, Uttarakhand, Odisha, and others, submitting their affidavits, the Court noted that compliance remains inconsistent, with some affidavits filed as late as the day before the hearing.
Current Order
The latest order was prompted by submissions from amicus curiae Advocate Padma Priya, who highlighted that mere issuance of directions to local authorities by State Governments and UTs is insufficient without active follow-up to ensure compliance. The Court observed, “In the circumstances, we direct the State Governments and Union Territories to file follow-up affidavits, so as to indicate that there has been compliance of the directions issued by this Court on 03.12.2024 inasmuch as pursuant to the communications made by the State Governments to the local authorities, there has been constitution of the Internal Complaints Committee at the workplaces and further the provisions of the Act have been complied with.”
The affidavits are to be filed by May 9, 2025, and must detail the steps taken to ensure the formation of ICCs and adherence to other provisions of the POSH Act. Additionally, the Court noted that some States and UTs have yet to appoint Nodal Officers as required, and directed them to provide details of such appointments in the affidavits.
The Court further instructed that copies of the affidavits be emailed to the learned Additional Solicitor General (ASG), the amicus curiae, and the Advocate-on-Record (AoR) for the petitioners in the related writ petition. It also emphasized the role of Legal Services Institutions at the Central, State, District, and Taluka levels in assisting aggrieved women in filing complaints under the POSH Act.
Case Reference
The matter pertains to the case Aureliano Fernandes v. The State of Goa and Ors., Diary No. 22553-2023, which has been instrumental in pushing for robust enforcement of the POSH Act. The Court’s interventions in this case build on earlier directions issued in 2023 and 2024, including those in response to a writ petition filed by the Initiatives for Inclusion Foundation, which sought effective implementation of the Act nationwide.
Ongoing Concerns
The Supreme Court has repeatedly flagged “serious lapses” in the enforcement of the POSH Act, even a decade after its enactment. A 2023 report cited by the Court revealed that 16 out of 30 national sports federations had not constituted ICCs, reflecting a broader trend of non-compliance across sectors. The Court has also expressed concern over the private sector’s reluctance to form ICCs, describing it as a “red flag” that undermines the Act’s objective of ensuring dignity and safety for women at workplaces.
The bench has underscored that without strict enforcement and proactive measures by State and non-State actors, the POSH Act risks remaining an “empty formality.” The Court’s push for decentralization and the use of digital tools like the SheBox Portal aims to make the Act’s mechanisms more accessible, particularly for women in the unorganized sector.
Next Steps
The matter is likely to be listed again after May 9, 2025, to review the compliance affidavits submitted by the States and UTs. The Supreme Court’s continued oversight signals its commitment to ensuring that the POSH Act is implemented in both letter and spirit, fostering a workplace environment that upholds the dignity and rights of women across Indian
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