At a glance
- The Supreme Court of India (Supreme Court), in Aureliano Fernandes v The State of Goa and Orsl., has directed a nationwide, district-wise survey to verify compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (PoSH Act).
- All public and private sector employers must ensure Internal Committees (ICs) are properly constituted, policies are in place, and awareness measures are implemented.
- The survey must be completed within six weeks from the date of the order ie on or before 23 September 2025.
- Non-compliance may result in regulatory action, including refusal of licence renewals.
In a significant move to strengthen workplace safety and dignity, the Supreme Court has ordered all States and Union Territories to conduct a district-wise survey within six weeks from the date of the order, to verify compliance by employers with the PoSH Act. The directive follows ongoing concerns regarding inadequate implementation of the PoSH Act, particularly the failure to constitute ICs and ensure effective anti-sexual harassment policies.
The case originated from a sexual harassment complaint filed against the petitioner, Aureliano Fernandes, where the IC found the petitioner guilty and recommended termination of his employment. The petitioner challenged the IC’s findings before the High Court of Bombay (Goa Bench) (Civil Appeal No. 2482 of 2014) (High Court), which dismissed his petition. On appeal, the Supreme Court found that the inquiry was conducted in undue haste and that the petitioner was not given a fair and reasonable opportunity to defend himself, thereby violating principles of natural justice. The Supreme Court set aside the High Court's judgment and directed a fresh inquiry by the IC, while also addressing the broader issue of widespread non-compliance with the PoSH Act across India.
The Supreme Court had previously directed a survey to determine whether both public and private organisations have constituted ICs. Based on the continued non-compliance observed, the Supreme Court has now issued directions to ensure effective implementation:
- the Labour Commissioners at the district level and Chief Labour Officers at the State level must provide a list of registered establishments to the respective District Officer;
- the District Officer must transmit such data to the Chief Secretaries of the States and Union Territories for submission to the Supreme Court; and
- these officers will then carry out a physical verification of compliance, focusing primarily on whether ICs have been constituted as per requirements of the PoSH Act.
The compiled data must be provided to the amicus curiae for the Supreme Court’s review and further directions. States have been advised to ensure that the data is ‘on-boarded’ onto the She-box platform created by the Ministry of Women and Child Development. Non-compliant entities stand at risk of facing serious consequences, including possible refusal of licence renewals by the Labour Department until full compliance is demonstrated.
Implications for employers
The PoSH Act requires every workplace with at least ten employees to establish an IC. Many private establishments have failed to comply fully, either by not constituting ICs, appointing members improperly, or neglecting training requirements. Employers are advised to:
- Constitute ICs at all eligible workplaces, ensuring proper composition and inclusion of an external member.
- Frame and display anti-sexual harassment policies and details of IC members.
- Conduct regular awareness and training sessions for employees and IC members.
- Audit past complaints and redressal procedures to identify and address gaps.
- Submit annual reports and register on the She-Box portal as required.
The Supreme Court’s order signals a shift from passive or partial compliance to proactive enforcement of the PoSH Act. Employers must act swiftly to ensure full compliance within the six-week window, embedding robust practices to protect employees and safeguard organisational reputation. The directive underscores that compliance with the PoSH Act is not merely a legal formality but a fundamental aspect of workplace governance and culture.
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