In a significant development highlighting the judiciary’s commitment to workplace safety for women, the Supreme Court has imposed costs of ₹5,000 each on five states and one Union Territory for failing to comply with its directives on implementing the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
The Court’s Order
On February 11, 2025, a division bench comprising Justices BV Nagarathna and Satish Chandra Sharma expressed their displeasure with the non-compliance of their previous order dated December 3, 2024. The states of Manipur, Jharkhand, Madhya Pradesh, Himachal Pradesh, Telangana, and the Union Territory of Puducherry were directed to pay costs to the Supreme Court Legal Services Committee within two weeks.
The Court has granted these jurisdictions a three-week extension to file their compliance affidavits, subject to the payment of costs. This order came in the case of Aureliano Fernandes v. State of Goa, where the Court is monitoring the nationwide implementation of the POSH Act.
Background: December 2024 Directives
The Supreme Court’s December 3, 2024 order had laid down comprehensive guidelines for implementing the POSH Act, emphasizing the need for uniform application across all states and Union Territories. Key directives included:
- Mandatory establishment of Internal Complaints Committees (ICCs) in all government departments and public sector undertakings
- Creation of SheBox portals for online complaint registration
- Appointment of District Officers to monitor compliance
- Formation of Local Complaints Committees in districts lacking ICCs
- Designation of Nodal Officers for complaint reception
The Court had explicitly warned that non-compliance would attract penalties under Section 26 of the POSH Act.
Current Compliance Status
During the February 11 hearing, Amicus Curiae Padma Priya informed the Court that several states and Union Territories had already submitted their compliance affidavits, including:
- Northern States: Bihar, Rajasthan, Uttarakhand, Uttar Pradesh, Punjab, Haryana
- Southern States: Karnataka, Tamil Nadu, Kerala, Andhra Pradesh
- Eastern States: Odisha, Nagaland, Mizoram, Tripura, Meghalaya, Sikkim
- Western States: Goa, Gujarat
- Union Territories: Chandigarh, Andaman & Nicobar
Looking Ahead
The Supreme Court has scheduled the next hearing for March 25, 2025, to review compliance and enforcement measures. This development sends a clear message about the judiciary’s commitment to ensuring workplace safety for women and its willingness to take stringent action against administrative delays in implementing protective legislation.
The Court’s order reinforces the importance of the POSH Act and demonstrates that non-compliance with judicial directives on matters of workplace safety and gender justice will have financial consequences for state administrations.