Posted by & filed under POSH-ACT.

In a recent judgment, the Supreme Court of India has issued a comprehensive set of directions to both the Union government and all State/Union Territory governments to ensure the effective implementation of the Sexual Harassment at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) and its Rules.

Key highlights of the judgment include:

  1. Mandatory Appointment of District Officers: The Court has stressed the obligatory appointment of District Officers, emphasizing their pivotal role in overseeing the implementation of the POSH Act, appointing nodal officers, and forming Local Committees.
  2. Appointment of Nodal Officers and Local Committees: District Officers are directed to appoint nodal officers and constitute Local Committees in various geographical areas, as stipulated by the Act.
  3. Awareness and Sensitization:The judgment emphasizes training and sensitization of District Officers and Local Committee members regarding their responsibilities under the Act. Periodic training sessions are to be organized by the state governments.
  4. Awareness and Outreach:The Court has called for greater awareness efforts, especially in the unorganized sector, by involving non-governmental organizations (NGOs) and making Local Committees more accessible.
  5. Coordination: The Women and Child Development Ministry in each state/union territory is instructed to designate a ‘nodal person’ for better coordination, both within the state and with the Union Government.
  6. Amendments to Rules: The Union Government is urged to consider amending the Rules to address reporting and fine collection under Section 26 of the Act.
  7. Annual Compliance Reports: District Officers are tasked with ensuring compliance with various sections of the Act, including collecting reports and preparing brief reports to share with the state government.
  8. Monitoring of ICs and Employer Compliance: The judgment reiterates directions from a previous case, focusing on establishing Internal Complaints Committees and ensuring compliance, particularly in public and private establishments.
  9. Efforts towards Awareness: Both state and Union governments are instructed to allocate financial resources for educational materials, communication, training, and awareness programs about the POSH Act

In summary, this judgment is a significant step towards strengthening the implementation of the POSH Act, with a primary focus on preventing and addressing workplace sexual harassment. It underscores the need for a robust framework to ensure accountability and support for victims, emphasizing the role of District Officers, sensitization, and outreach efforts.

Supreme court Judgement:-

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