Supreme Court directs district-wise survey on constitution of Internal Complaints Committee (ICC) to assess POSH Act compliance

The Hon’ble Supreme Court (“SC”) in a significant order dated August 12, 2025 directed that all States and Union Territories conduct a district-wise survey to assess compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”).

The judgment arose from the case Aureliano Fernandes v. State of Goa and emphasises the responsibility of employers to constitute an Internal Complaints Committee (ICC) under Section 4 of the POSH Act which mandates that all employers with 10 or more employees must constitute an ICC in writing to address sexual harassment complaints at the workplace.

While considering proper implementation of the POSH Act, SC directed that District Labour Commissioners and the Chief Labour Commissioner of each State assist in surveying both public and private organisations to ascertain whether an ICC has been constituted and it is the duty of every employer to ensure the constitution of an ICC in their workplace while directed Labour Departments to enforce this provision.

The survey, to be conducted within 6 weeks from August 12, 2025 to September 24, 2025 if not already completed by the authority. This aims to ensure strict compliance with-

• Section 2(o) which defines “Workplace”,
• Section 2(p) defines “Unorganised Sector”,
• and Section 4 of the POSH Act.

In view of the above, it is mandatory for every workplace to comply with the POSH Act, and district-level authorities are obligated to ensure the compliance duty is fulfilled.

Source: Aureliano Fernandes v. State of Goa and others, No(s).22553/2023