Case Studies

Supreme Court Issues Directions for Effective Implementation of the PoSH Act, 2013

In 2013, India introduced the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’, (PoSH) to address workplace sexual harassment.

The effective implementation of the PoSH Act hinges on strict enforcement and a proactive approach by all stakeholders involved. Regrettably however, there have been significant lapses in the implementation of the PoSH Act, even a decade after its enactment. Recognizing this, the Supreme Court has taken the initiative to address the situation and has issued certain directives on 12th May, 2023 aimed at regulating and improving the enforcement of the Act. As a result, all organizations are now urged to thoroughly review their compliance with the PoSH Act. The Court has issued the following directions for effective implementation of the POSH Act:

  • The Union of India, all State Governments and Union Territories shall undertake a time-bound exercise to verify as to whether all the concerned Ministries, Departments, Government organizations, authorities, Public Sector Undertakings, institutions, bodies, etc. have constituted ICCs/LCs/ICs, as the case may be and that the composition of the said Committees are strictly in terms of the provisions of the PoSH Act.
  • It shall be ensured that necessary information regarding the constitution and composition of the ICCs/LCs/ICs, details of the e-mail IDs and contact numbers of the designated person(s), 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 Authority/Functionary/ Organization/Institution/Body, as the case may be. The information furnished shall also be updated from time to time
  • Immediate and effective steps shall be taken by the authorities/ managements/employers to familiarize members of the ICCs/LCs/ICs 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.
  • The authorities/management/employers shall regularly conduct orientation programmes, workshops, seminars and awareness programmes to up-skill members of the ICCs/LCs/ICs and to educate women employees and women’s groups about the provisions of the Act, the Rules and relevant regulations.