SC orders hiring of dist officers for effective implementation of POSH Act

FLAGGING“LACUNAEANDLACKOF uniformity in the implementation of the POSH (Prevention of Sexual Harassment) Act by various state governments, the Supreme Court on Friday issued aseriesofdirectionstothecentre, statesandunionterritories.

Abenchofjusticessravindra Bhat and Dipankar Datta directed that “the concerned Principal Secretary of the State/ut Ministry of Women and Child [or any other Department]...will personally ensureappointmentof adistrict officer in each district within their territorial jurisdiction, as contemplated under Section 5 (of the Act) within four weeks fromthedateof thisjudgment”.

Noting that “the language used in Section 5 is “may’’, the benchsaidthe“districtofficer, is the most important functionary inthesystem, taskedwithkeepingtheredressalandmonitoring framework both intact, and smoothly running” and therefore,“treatingsection5asdirectory, wouldleaveagapingholein theotherwiseclearlydelineated workflow and redressal mechanism, andtheefficacyofthislegislation, as a result, falls flat”.

Itaskedtheappropriategovernment or district officers in question, to also “undertake effort to spread awareness on the existence of local committees, and make them approachable for the unorganised sector”.

The judgement came on a petitionbyanngo, Initiativesfor Inclusion Foundation, seeking directionsforimplementationof the Act. Among others, the petitioneralsourgedthecourttodirect the different governments to ensure that the annual compliance reports collected by the districtofficersareconsolidated andthereportsarepublishedin the public domain. On this, the court said “while there is no need for such an express direction...the Central government, andstategovernment... intheinterest of transparency and good governance may consider to make these statistics public....”