On December 3, 2024, the Hon’ble Supreme Court of India issued a landmark judgment in case titled as Aureliano Fernandes v. State of Goa & Others. The case revolved around procedural lapses and violations of natural justice in a sexual harassment inquiry conducted by Goa University. The Court overturned a prior High Court decision due to procedural irregularities in handling the case and directed a fresh inquiry in adherence to natural justice principles. Beyond addressing the specific case, the Court issued nationwide guidelines to ensure better implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). It aimed at ensuring effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). The court emphasized that compliance with the Act across all states and union territories is crucial to safeguard women’s dignity and safety in workplaces.
Key directives include:
- Formation of Committees:
All government departments and public sector undertakings are required to establish Internal Complaints Committees (ICCs).
Local Complaints Committees (LCCs) must be set up in districts by January 31, 2025, with district officers and nodal officers appointed to oversee complaints.
- Digital and Local Support:
The court directed states to operationalize SheBox portals (an online grievance redressal platform) and ensure integration with ICCs and LCCs for complaint tracking and resolution.
Taluka-level nodal officers must be appointed, and their details uploaded on SheBox.
- Private Sector Accountability:
The private sector was urged to comply fully with the POSH Act, including forming ICCs and adhering to all statutory requirements.
- Implementation Timeline:
Chief Secretaries of states are tasked with monitoring and ensuring compliance by March 31, 2025.
The court also called for improved awareness and accessibility to legal resources, such as linking helplines with District Legal Services Authorities, and underscored the need for female lawyers to support victims in these cases.
These measures aim to address long-standing enforcement gaps in the POSH Act and ensure a safer workplace environment for women across the country.
