The Hon’ble Supreme Court (“SC”) in a landmark order dated August 12, 2025, directed all States and Union Territories to conduct a district-wise survey to evaluate POSH Act compliance under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”).
The judgment originated from the case Aureliano Fernandes v. State of Goa and highlights the responsibility of employers to constitute an Internal Complaints Committee (ICC) under Section 4 of the POSH Act. The law mandates that all employers with 10 or more employees must establish an ICC in writing to address complaints of sexual harassment at the workplace.
Employers are legally required to ensure that an ICC is constituted in their workplace. This step is crucial for maintaining a safe and compliant work environment and forms a core aspect of POSH Act compliance.
To ensure proper implementation of the POSH Act, the SC directed District Labour Commissioners and the Chief Labour Commissioner of each State to assist in surveying both public and private organizations. They must ascertain whether an ICC has been constituted and enforce employer obligations under POSH. The Labour Departments are tasked with ensuring workplaces comply with the Act.
The district-wise survey, to be completed within six weeks from August 12, 2025, targets strict compliance with:
The survey must be conducted by September 24, 2025, if not already completed by the authorities. This initiative emphasizes that POSH Act compliance is mandatory, and district-level authorities must ensure that all employer obligations under POSH are fulfilled to safeguard workplace safety.
Source: Aureliano Fernandes v. State of Goa and others, No(s).22553/2023
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