Supreme Court issues guidelines once again under PoSH Act 2013

Supreme Court issues guidelines once again under PoSH Act 2013
The employer must also carry out orientation programmes and seminars for the members of the Internal Committee, carry out employees' awareness programmes, conduct capacity building and skill building programmes for the members of the Internal Committee, and declare the names and contact details of all the members of the Internal Committee.

1. The Supreme Court, in the Aureliano Fernandes v. State of Goa and Others, Civil Appeal No. 2482 of 2014, dated 12.05.2023 above judgment, has issued certain directions to the Central and State Governments to ensure compliance by the ’employers’ with the provisions of ‘The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013’ (“the POSH Act”).

2. The above judgment deals with an employee employed with the Goa University and governed by the CCS (CCA) Rules 1965, as provided in the Goa University Statute. However, while concluding the judgment, the Supreme Court has made certain observations, and issued directions, which are general in nature and, thus, apply to all workplaces.

3. Having taken stock of “the manner in which the mandate of the POSH Act has been given effect to,” the Supreme Court found it quite “disquieting” to note that even after such a long passage of time, there have been serious lapses in the enforcement of the Act. Taking cognizance of a newspaper...

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Alok Bhasin

is Advocates and Labour Law Advisors, Bhasin and Bhasin Associates.

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Alok Bhasin

is Advocates and Labour Law Advisors, Bhasin and Bhasin Associates.

May 2024

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