Institute of Legal and Management Studies

The Supreme Court on August 12 directed that an extensive Survey within 6 weeks be conducted to collect information on the constitution of the Internal Committee (formerly Internal Complaints Committee) in all the Government and Private institutions within every district of each State. It also directed the Labour Commissioner in each District and Chief Labour Officer of each State to supply the information on the entities registered so that information on the constitution of the Internal Committee could be supplied to the Deputy Commissioner or officer similarly placed, which in turn could be used for the survey.

The Court orally warned that failure to comply with the said directions, it will order the Labour Department not to renew the license of the entities.

The direction was passed after the Court was informed that only the Union Territory of Andaman and Nicobar had successfully carried out a district-wise survey of the constitution of the Internal Committee, including in private institutions. It was informed that Andaman and Nicobar also have an Internal Committee in private institutions as well as government institutions.

A bench comprising Justice BV Nagarathna and Justice KV Viswanathan was hearing a suo moto matter in which the Court, on December 3, last year, passed comprehensive directions for the effective implementation of the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The directions included the constitution of the Internal Committee at workplaces in consonance with provisions of the POSH Act, appointment of District officers, constitution of Local Committee by the concerned District Officer, to name a few. Since then, the Court has followed up on the matter and imposed costs on States and Union Territories for failing to file a compliance affidavit.

As of May 21, Advocate and Amicus Padma Priya have submitted the following status report:

1. All States have complied with the direction of the appointment of District Officers.

2. Most States have constituted Local Complaint Committees, except that there is no clarity of compliance by Delhi, Haryana, Jharkhand and Kerala.

3. Most States have issued appropriate directions for the constitution and reconstitution of the Internal Committee. However, the Court had directed a district-level survey as to the constitution of the Internal Committee in all Government and private institutions in every district of the State. Many States have not complied with it.

4. Most States have appointed Nodal Officers specifically under Section 6(3) of the POSH Act. However, there is still no clarity from Chandigarh, Department of Women and Child Development, Government of NCT of Delhi, Goa, Haryana, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Rajasthan and Sikkim.

Yesterday, Adv Padma Priya informed the Court that there is still an issue in regards to the survey to be done in each district. She said that while most States have said that the survey is undergoing, other States have dodged the question. The survey is supposed to be carried out by the Deputy Commissioners or the District Magistrate in each district.

The Court ordered: "Learned counsel for NALSA submitted that under the website of NALSA, the relevant information has been put up on the effective implementation of the Act pertaining to as to how an aggrieved woman has to approach the legal services institution for free legal aid and also for the lodging of complaint under the provisions of the Act...She has also drawn our attention to the creation of the National Women Helpline-181, Cybercrime Helpline-1930, and toll-free National Legal Aid Helpline-1510 which could be of assistance to aggrieved woman to register complaint under provision of Act or seek legal aid or advise.

Annexure A is the list of District Officers appointed under Section 5 of the Act in respect of 27 States and Union Territories. She submitted that so far as remaining is concerned, as and when the information is provided, it will be put on the website.

Ms Rashmi Nandakumar, learned Senior Counsel for the petitioner in response to earlier note pointed out so far as the implementation of the directions issued by this Court on 3.12.2024, so far as the survey is to be conducted for ascertaining whether there has been a constitution of the Internal Complaints Committee in various private organisations. She drew our attention to an order dated 19 October 2023 and directions G(XII)...She submitted that in order to assist the Deputy Commissioners, District Magistrates, or Collector to comply with the directions of this Court for conducting a survey, as directed by this Court, the Chief Labour Commissioner of each State could ensure that the relevant data is collected by the District Labour Commissioner or equivalent officer in each district so that said collection in turn be submitted to District Officer and District Officer could in turn match the said data to the Chief Secretaries of States and Union Territories who would in return present the relevant data before this Court.

This is to ensure that the Committees are established in terms of Section 4 and in terms of Section 6. The Local Committees are established in private sectors. Learned amicus also drew our attention to the fact that there is no compliance as such in so far as the conduct of the survey by Deputy Commissioners, District Magistrates, Collector or Deputy Collector in each District of States and Union Territories are concerned. She endorsed the submission of learned Counsel to the effect that concerned Labour Officer in each District in Deparment of Labour could be directed by the Chief Secretaries or the Chief Labour Commission to ensure that the data is collected from the respective districts and UTs and forwarded to the District Officers appointed under Section 5 of the Act and also to the Chief Labour Commissioner and the Chief Secretaries so that the data is placeed before this Court.

In this regard, we wish to draw the attention to Section 2(o) which defines workplace and Section 2(b) which defines unorganised sector. Therefore, it is the duty of the employer to ensure that in a workplace, an internal complaints committee is constituted in terms of Section 4 of the Act. It is hence the responsibility of the Labour Department to ensure that the internal complaint committee is instituted by every employer of a workplace...In order to ascertain whether the employer of a workplace, as defined under Act, has constituted an internal complaint committee in terms of Section 4 of the Act, it is necessary to have the aforesaid data and take steps...For this purpose, the survey was ordered.

Learned counsels for States and UTs submitted that survey has not been completed in terms of earlier order. Since directions have now been issued to conduct survey in assistance with Labour Officers/Commissioners and Chief Labour Commissioner of the States, it shall be conducted within a period of six weeks...We also refer to Section 26 of the Act which deals with penalty of non-compliance of the provisions of the Act. Listed on 14.10.2025. The States may also ensure that the data collected is uploaded on SheBox Portal."

The directions issued by teh Court on December 3, 2024, directions are:

(1) The Chief Secretaries of every State shall take steps to identify and notify the Officer to be the District Officer of every District on or before 31.12.2024, if not already done.

(2) The District Officer shall constitute the Local Committee wherever such committees have not yet been constituted or there has to be a reconstitution of such committees already constituted on or before 31.01.2025.

(3) The Chief Secretaries of States/Territories shall ensure that the Internal Complaints Committee shall be constituted or re-constituted, as the case may be, having regard to the Section 4 of the 2013 Act in respect of their Government Departments, instrumentalities and agencies of the State Government and public sector units and other units coming under the supervision and control Governments/Union Territories by 31.01.2025.

In addition, the Chief Secretaries of each State shall also direct the Deputy Commissioners, District Magistrates or Additional District Magistrates, Collector or Deputy Collector of each district to survey the number of organisations, both public sector as well as private, within the district, which have already constituted the Internal Complaints Committee and seek information in that regard.

(4) Similarly, Union of India/Central Government, shall take steps to constitute or re-constitute, as the case may be, the Internal Complaints Committee in respect of a work place, wherever the same has not yet been accomplished on or before 31.01.2025 in respect of its Departments, instrumentalities and agencies.

(5) The respective States/Union Territories to file the affidavits in compliance of these directions and copies of the said affidavits shall be e-mailed to learned ASG, learned Amicus Curiae, learned AOR for the petitioner(s) in W.P. No. 1224/2017. The said affidavits shall be filed in the first week of February, 2025 indicating the compliance of the aforesaid directions.

(6) The Legal Services Institutions at the Central, State, District and Taluka levels shall assist an aggrieved woman to make a complaint under the provisions of the 2013 Act as and when approached.

Case Details: AURELIANO FERNANDES v. THE STATE OF GOA AND ORS., Diary No. 22553-