SC puts states on notice over sexual abuse law

A PIL claims many states have not set up grievance redressal mechanism

The Supreme Court on Thursday sought the response of all the states and Union Territories on a PIL seeking effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act and the Rules framed under this Act.

A three-judge Bench of Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud issued notice to the states seeking reply in four weeks on the petition filed by Initiatives for Inclusion Foundation and Ms Pallavi Pareek seeking court’s intervention.

The petitioner said that though the law was enacted in 2013, to provide for creation of redressal mechanism to deal with cases of sexual harassment of women in workplaces, the states/UTs are reluctant in implementing it, even after four years. This has resulted in breach of fundamental rights of women and their dignity. It is the duty of the states to implement the law and the delay, which has taken place, is not only in violation of the law but also of the apex court directions in Visakha case.

The petitioner said the status of implementation with regard to appointment of district officers, nodal agencies, constitution of local complaints committees, collection of annual compliance reports are not being done in many states. It said it would not be possible to effectively implement the law unless district officers are notified in all district.

It said it was well known that women working at lower levels are victims of sexual harassment but in the absence of any grievance redressal mechanism available to them for making complaints they suffer the harassment.