Aureliano Fernandes Vs State of Goa & Ors. (Supreme Court of India)
In a significant ruling aimed at ensuring the effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), the Supreme Court of India has issued a series of specific and time-bound directives to all States and Union Territories. The judgment in the case of Aureliano Fernandes Vs. State of Goa & Ors. addresses the systemic failure to constitute the statutory committees required for a robust redressal mechanism for sexual harassment complaints.
During the hearing, the court heard arguments from a range of parties, including the petitioner, the Union of India, the National Legal Services Authority (NALSA), and the amicus curiae. The amicus curiae highlighted a critical lapse in the implementation of the PoSH Act, pointing out the non-compliance with Sections 5, 6, and 7. These sections mandate the appointment of a District Officer, the constitution of a Local Committee (LC), and the designation of Nodal Officers to facilitate the filing of complaints, particularly from workplaces with fewer than ten employees or where the complaint is against the employer itself.
To address these deficiencies, the Supreme Court issued a comprehensive set of directions. The court first mandated that the Chief Secretary of every State and Union Territory must take immediate steps to identify and notify a District Magistrate, Additional District Magistrate, Collector, or Deputy Commissioner as the District Officer for every district. This appointment, which will be an ex officio role, must be completed by December 31, 2024.
