POSH Act Compliance: States & UTs Submit Affidavits in Supreme Court on Formation of Local Committees, Nodal Officers

POSH Act Compliance: States & UTs Submit Affidavits in Supreme Court on Formation of Local Committees, Nodal Officers

New Delhi | May 31, 2025
  The Supreme Court of India was apprised on Tuesday of the compliance status of States and Union Territories regarding the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act.
 
In response to earlier directions issued by the apex court, several States and UTs submitted affidavits outlining the constitution of Local Complaints Committees (LCCs), appointment of District Officers, and establishment of internal redressal mechanisms under the Act.
 
 Background
 
The Supreme Court is currently hearing a public interest litigation (PIL) highlighting large-scale non-compliance with the POSH Act, especially in rural and unorganised sectors. The PIL cited delays and failures in setting up LCCs in many districts, leaving women with no access to grievance redressal in workplaces without Internal Committees.
 
In an earlier hearing, the Court had expressed serious concern over the “mechanical implementation” of the law and called for concrete, verifiable data from State and UT governments.
 What the States Reported
 
The affidavits submitted by different states indicate a mixed level of compliance:
• Kerala, Maharashtra, Tamil Nadu, and Delhi reported having functional LCCs in most districts.
• Some northeastern States and Union Territories admitted to delays in forming committees and a lack of awareness mechanisms at the local level.
• The Ministry of Women and Child Development submitted a status report consolidating available data and urged states to update their information regularly.
 
The Court took note of these affidavits and directed those States that have not complied fully to file detailed status reports within two weeks, with specific mention of:
• The number of functioning LCCs,
• Names and qualifications of District Officers,
• Number of cases handled, and
• Details of training or awareness programs conducted.
 
Legal Significance
 
The POSH Act mandates the constitution of:
• Internal Committees (ICs) for workplaces with 10 or more employees,
• Local Committees (LCCs) for districts to cater to women employed in the informal sector, including domestic workers.
 
Non-compliance directly impacts the fundamental rights to safety, dignity, and equality at the workplace, as enshrined under Articles 14, 15, and 21 of the Constitution.
 
The Court has now indicated that it may issue further binding directions if states do not show tangible compliance.

 

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