Spotlight On Implementation And Enforcement Of POSH Law

3/8/2024

In its recent judgment in Aureliano Fernandes vs. State of Goa and Others, the Supreme Court of India, observed that even after a decade of the prevention of sexual harassment law being formulated – the implementation and enforcement is still inadequate. Lack of procedural awareness; lack of confidence in the process and outcome; lack of strict adherence to the enforcement regime and other practical challenges are the main reasons. 'However salutary this enactment may be, it will never succeed i in providing dignity and respect that women deserve at the workplace unless there is strict adherence to the enforcement regime and a proactive approach by all State and non-State actors' the Court observed. While the directions issued by the Supreme Court in this case predominantly concern government departments and authorities, companies, too, should prioritise and undertake review of compliances under the POSH Act. Just last year, the Supreme Court (SC), in a landmark judgment, took wilful cognisance and expressed concern over what is termed a 'sorry state of affairs' surrounding the implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013 (POSH Act).

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Courtesy:
LiveLaw
March 08, 2024