Published on: December 4, 2024

SC CALLS FOR UNIFORM IMPLEMENTATION OF POSH ACT ACROSS STATES

SC CALLS FOR UNIFORM IMPLEMENTATION OF POSH ACT ACROSS STATES

NEWS  – The Supreme Court of India has directed the uniform implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) across all states and Union Territories. This move comes as the court identified significant gaps in the enforcement of the Act, even a decade after its enactment.

KEY DIRECTIVES BY THE SUPREME COURT

Deadlines and Oversight

  • Appointment of District Officers:
    • States/UTs must appoint district officers by December 31, 2024.
    • District officers will constitute Local Complaints Committees (LCCs) by January 31, 2025.
  • Nodal Officers at Taluk Level:
    • These officers will facilitate complaints to the LCC.
    • Details of nodal officers, LCCs, and Internal Complaints Committees (ICCs) to be uploaded on the SheBox portal.
  • Central Oversight:
    • Chief Secretaries tasked with ensuring compliance by March 31, 2025.

SheBox Portal Integration

  • The court directed engagement with private sector stakeholders for broader SheBox adoption.
  • The SheBox portal should serve as a centralized platform for lodging complaints, with updates on committee details.

ABOUT THE POSH ACT, 2013

Scope and Provisions

  • Definition of Sexual Harassment: Includes unwelcome physical, verbal/non-verbal acts, requests for sexual favors, and hostile work environments.
  • Comprehensive Employee Coverage: Extends to all women workers, including temporary, contract, and informal sector employees.
  • Expanded Workplace Definition: Covers all traditional and non-traditional workplaces, such as telecommuting spaces.

Redressal Mechanisms

  • Internal Complaints Committees (ICCs):
    • Mandatory for workplaces with over 10 employees.
    • ICCs must have at least four members, half of whom are women, including an external NGO member.
  • Local Complaints Committees (LCCs):
    • Formed at the district level for workplaces with fewer than 10 employees and for informal sectors.