Supreme Court has directed District Officers and Local Complaints committees under the Prevention of Sexual Harassment Act should be mandatorily trained regarding the nature of sexual harassment, gendered interactions
The Supreme Court on Thursday ordered that hospitals, nursing homes, sports institutes, stadiums, sports complex or competition or games venues must establish internal complaints committees for reporting sexual harassment at workplace instances [Initiatives for Inclusive Foundation vs Union of India].
A bench of Justices S Ravindra Bhat and Dipankar Datta stated that the Central government may consider amending the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [POSH Rules] so as to identify one department and creating a ‘nodal person’ post within the said department to be responsible for the coordination required in implementing the Act.
“This will ensure greater uniformity in the implementation of the Act across the country,” the Court said.
The judgment on a PIL by NGO Initiatives for Inclusive Foundation seeking directions to Central government and all States to take steps for implementing the provisions of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 read with the POSH Rules.
The Court in its judgment issued the following directions for the better implementation of the POSH Act:
1.The Women and Child Development Ministry of every State/UT, to consider identifying a ‘nodal person’ within the Department, to oversee and aid in coordination as contemplated under the POSH Act
2. Principal Secretary of the State/UT, and the Central government, will personally ensure appointment of a district officer in each district within their territorial jurisdiction, as contemplated under Section 5 within four weeks of the judgment
3. The appointed district officers shall ensure the contact details of these nodal officers, and Local complaint committees shall be forwarded to the nodal person within the State Government by six weeks from the judgment
4. A circular/bulletin containing names of all district officers, and their contact details (phone, address, and email), along with a district wise chart of the various nodal officers and their contact details shall be available online
5. District Officers and LCs should be mandatorily trained and be sensitised to the nature of sexual harassment, the gendered interactions that occur in the workspace
6. State/UT Governments, and Union Government to set out the financial resources allocated or needed, to develop educational, communication and training material for spreading awareness of the provisions of this Act to the public
7. Central government shall ensure that it’s Handbook for implementation of POSH Act is circulated among district and remote level officers
8. State/UTs to create a Standard Operating Procedure (SOP) including the procedure, and timeline for monitoring implementation and maintaining data
9. Hospitals, nursing homes, sports institutes, stadiums, sports complex, or competition or games venues to establish ICs, and report compliance as per the duties under this Act.
The bench directed that all States/Union Territories have to submit a consolidated report of compliance with the Court’s directions to the Central Government within 8 weeks.
The Centre was directed to consolidate the various reports, identify any lapses in the compliance by the State and try to remedy it, before filing a consolidated affidavit of compliance detailing the States’ compliance, and the Union Government’s action taken with regard to the directions, within 12 weeks from the date of the judgment.
The matter will be heard again in February 2024.
PAGE SOURCE : BARANDBENCH
