‘Sorry state of affairs’: Supreme Court frowns upon lack of committees to deal with sexual harassment at workplace

Satya Prakash

Tribune News Service

New Delhi, May 12

Highlighting serious lapses in the implementation of the mandate of the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Supreme Court on Friday directed the Centre, states and UTs to verify if all various departments had constituted various committees under the Act.

“It is disquieting to note that there are serious lapses in the enforcement of the Act even after such a long passage of time,” a Bench of Justices AS Bopanna and Justice Hima Kohli said.

“This is indeed a sorry state of affairs and reflects poorly on all the State functionaries, public authorities, private undertakings, organizations and institutions that are duty bound to implement the PoSH Act in letter and spirit. Being a victim of such a deplorable act not only dents the self-esteem of a woman, it also takes a toll on her emotional, mental and physical health,” the Bench said, expressing concern over lack of various committees required to be set up under PoSH Act.

“The Union of India, all State Governments and Union Territories are directed to undertake a timebound 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, (internal complaints committee, local committees and internal committees) 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 said.

The directions came on a petition filed by Aureliano Fernandes, former head of department of Goa University, challenging an order of Bombay high court regarding allegations of sexual harassment against him.

“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/ Organisation/Institution/Body, as the case may be. The information furnished shall also be updated from time to time,” it ordered.

“A similar exercise shall be undertaken by all the statutory bodies of professionals at the apex level and the State level (including those regulating doctors, lawyers, architects, chartered accountants, cost accountants, engineers, bankers and other professionals), by universities, colleges, training centres and educational institutions and by government and private hospitals/nursing homes,” the top court said.

The Bench directed the authorities/managements/employers to take immediate and effective steps 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 was finally concluded and the report submitted.

It asked them to regularly conduct orientation programmes, workshops, seminars and awareness programmes to upskill 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.

The Bench asked the National Legal Services Authority (NALSA) and the State Legal Services Authorities (SLSAs) to develop modules to conduct workshops and organize awareness programmes to sensitize authorities/managements/employers, employees and adolescent groups with the provisions of the Act, which shall be included in their annual calendar.

“The National Judicial Academy and the State Judicial Academies shall include in their annual calendars, orientation programmes, seminars and workshops for capacity building of members of the ICCs/LCs/ICs established in the High Courts and District Courts and for drafting Standard Operating Procedures (SOPs) to conduct an inquiry under the Act and Rules,” it said.