"Supreme Court Directs Formation of Internal Complaints Committees Across Departments to Enforce PoSH Act, 2013"

The Supreme Court has issued comprehensive directions to ensure the effective implementation of the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act). The directive mandates the establishment of Internal Complaints Committees (ICCs) in all government departments, public sector undertakings, and private organizations across states and union territories by December 31, 2024.
Key Highlights of the Order
The bench, comprising Justice BV Nagarathna and Justice NS Singh, stressed the uniform application of the PoSH Act across the country. The court outlined specific actions, including:
● Mandatory Formation of ICCs: Every district must appoint an officer by January 31, 2025, to oversee the formation of local complaints committees and nodal officers at the taluka level.
● She-Box Portal Integration: State governments must integrate complaints with the She-Box portal and appoint nodal officers for monitoring grievances.
● Public and Private Sector Compliance: The court observed that the PoSH Act's implementation has lagged in private sectors and emphasized the need for regular red-flagging of non-compliance.
Deadlines for Compliance
To ensure accountability, the court set the following deadlines:
● Formation of ICCs at all organizational levels by December 31, 2024.
● Submission of compliance reports by March 31, 2025, detailing the establishment and functioning of ICCs.
Enhanced Oversight Mechanism
The bench instructed district magistrates to regularly monitor the functioning of ICCs. Magistrates must also upload detailed compliance reports, ensuring adherence to Sections 4 and 6 of the PoSH Act.
The Supreme Court also emphasized the need for local committees to cater to vulnerable and underrepresented sectors, including rural and semi-urban regions. Special attention was drawn to sectors with high female workforce participation.
Impact on Organizations
The court’s directives underscore a renewed focus on making workplaces safer and more inclusive for women. This ruling also reinforces the accountability of both public and private organizations in ensuring compliance with the PoSH Act.
As organizations work towards meeting the court-mandated deadlines, this landmark ruling is expected to strengthen the institutional framework for addressing workplace harassment.