New Delhi, August 13

The Supreme Court on Tuesday directed all States and Union Territories to complete a district-wise survey within six weeks to ascertain whether every workplace — in both the government and private sectors — has constituted an Internal Committee (IC) as required under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).

 

A Bench of Justice BV Nagarathna and Justice KV Viswanathan issued the directions while monitoring compliance with its December 3, 2024 order in the suo motu matter Aureliano Fernandes v. State of Goa & Ors., which is aimed at ensuring effective and uniform implementation of the POSH Act across the country.

 

In its earlier order, the Supreme Court had fixed a series of deadlines:

• Appointment of District Officers by December 31, 2024;

• Constitution/reconstitution of Local Committees under Section 6 and Internal Committees under Section 4 in all government and PSU offices by January 31, 2025;

• Conduct of a district-level survey to identify all workplaces — public and private — and verify the existence of ICs;

• Filing of compliance affidavits in February 2025;

• Uploading relevant data on the SheBox Portal maintained by the Ministry of Women and Child Development.

 

The Court had also directed that Legal Services Institutions assist any woman seeking to file a complaint under the Act, especially in the unorganised sector.

 

On Tuesday, Amicus Curiae Padma Priya submitted that so far only the Andaman and Nicobar Islands had completed the district-level survey covering both government and private establishments and ensured ICs were in place.

 

While many States reported that surveys were “underway,” others avoided giving specific responses, and some had yet to begin. The amicus pointed out that Deputy Commissioners/District Magistrates, who have been tasked with conducting the survey, often lack sufficient manpower to collect comprehensive data, and therefore Labour Department officials should assist in the process.

 

Accepting this recommendation, the Court directed that:

• Labour Commissioners in each district and the Chief Labour Commissioner of the State must provide the Deputy Commissioners with lists of all registered establishments under their jurisdiction.

• Deputy Commissioners must verify this data and ascertain whether each workplace has constituted an IC in compliance with Section 4 of the POSH Act.

• The verified survey data is to be submitted to the Chief Secretaries of States/UTs, who will then file the same before the Supreme Court.

 

Justice Nagarathna also cautioned that if employers fail to comply with the statutory mandate to constitute ICs, the Court may direct Labour Departments not to renew licences of such establishments.

 

The Bench recorded the availability of multiple complaint and assistance channels for aggrieved women:

• National Women Helpline – 181

• Cybercrime Helpline – 1930

• Legal Aid Helpline – 1510

 

It was also noted that the National Legal Services Authority (NALSA) website contains clear instructions on filing complaints under the POSH Act and accessing free legal aid.

 

As per the May 21, 2025 status report filed by the amicus:

1. District Officers under Section 5 have been appointed in all States and UTs.

2. Most States have constituted Local Committees under Section 6, but clarity is awaited from Delhi, Haryana, Jharkhand, and Kerala.

3. Internal Committees in government departments and PSUs have been constituted/reconstituted in most States; however, the mandated district-level survey — covering private workplaces — is incomplete in several jurisdictions.

4. Nodal Officers under Section 6(3) have been appointed in most States, but information is missing from Chandigarh, Delhi (Women and Child Development Department), Goa, Haryana, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Rajasthan, and Sikkim.

 

The Bench reiterated that:

• The POSH Act’s definition of “workplace” under Section 2(o) is expansive, covering both the organised and unorganised sectors.

• Section 4 makes it mandatory for every workplace with 10 or more employees to have an IC.

• Section 26 prescribes penalties for non-compliance.

• It is the legal duty of every employer to constitute an IC and the statutory responsibility of the Labour Department to ensure enforcement.

 

The Court stressed that without complete and accurate survey data, the goal of universal compliance under the POSH Act cannot be achieved.

 

Next Steps

• All States and UTs must finish the district-level survey within six weeks, in coordination with Labour Commissioners and Deputy Commissioners.

• Data must be uploaded to the SheBox Portal and filed before the Supreme Court.

• Non-compliant employers risk licence non-renewal upon Court’s directions.

• The matter will be next listed on October 14, 2025.