Supreme Court's Landmark Verdict on PoSH (May2023) - Aureliano Fernandes v. State of Goa

In a landmark judgment on May 12, 2023, the Supreme Court of India addressed serious enforcement lapses within the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act. This critical assessment points towards the need for improved execution and diligent compliance with the Act’s provisions to ensure women’s safety at workplaces.

Background and Significance of the PoSH Act Established to shield women from sexual harassment at their workplaces, the PoSH Act obligates organizations with a minimum of 10 employees to create an Internal Committee (IC) for addressing harassment complaints. It delineates a specific procedure for filing a complaint and mandates the IC to investigate the complaints within a stipulated time frame.

However, the Supreme Court drew attention to a stark disparity between the prescribed procedures and their fragmented application in reality, urging an immediate overhaul.

The Case in Focus: Aureliano Fernandes v. State of Goa

A case that underscored this inconsistency involved Aureliano Fernandes, a former Goa University employee. Fernandes was dismissed from service and barred from future employment based on a Complaints Committee report which found him guilty of serious misconduct involving multiple instances of sexual harassment. The principles of natural justice were bypassed in this case, as Fernandes was denied a fair opportunity to present his defense due to health issues that led to ex parte proceedings. The Supreme Court held that such lapses undermine the PoSH Act’s objectives.

Obstacles to the PoSH Act’s Implementation

The Act’s effective implementation is being thwarted by factors such as lack of confidence in the process and its outcomes, unawareness about the complaint and redressal procedure, overall disregard for the enforcement regime, among other practical challenges.

Supreme Court’s Directives for Enhanced PoSH Act Enforcement

To address these issues and ensure optimal execution of the Act, the Supreme Court issued several important directives relevant for both governmental and private entities. These include:

1. Review of Implementation: The Union of India, State Governments, and Union Territories must ensure that all relevant Ministries, Departments, Government Organizations, and Authorities have established ICs/LCs in compliance with the PoSH Act.

2. Online Transparency: Detailed information about the ICs/LCs, contact information for designated personnel, procedures for filing an online complaint, as well as relevant rules, regulations, and internal policies must be readily available and regularly updated on the websites of concerned authorities and organizations.

3. Inclusion of All Entities: All statutory bodies, universities, colleges, educational institutions, Government/private hospitals/nursing homes at both apex and state levels are obligated to perform similar checks.

4. Education and Training: Authorities, managements, and employers must promptly orient ICs/LCs members about their duties and the proper procedure for conducting an inquiry into complaints. Regular orientation programs, workshops, seminars, and awareness programs should be conducted to enhance the knowledge of ICs/LCs members and educate women employees and women’s groups about the PoSH Act’s provisions and associated rules.