1. Introduction

"Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013," commonly known as the PoSH Act, came into force 10 years back. The act aims to prevent and address the cases of sexual harassment in the workplace. The act plays a crucial role in promoting gender equality, creating a respectful work environment, and empowering employees to speak up against sexual harassment. The act has a wide scope of applicability as it applies to all workplaces in India. However, the implementation of the act still comes under the hammer every now and then. Recently, in case of Aureliano Fernandes v. State of Goa and Others,1 the apex court opined that there are "serious lapses" and "uncertainty" with respect to the enforcement of the PoSH Act.

  1. Dope sheet: The Background

The apex court gave the ruling in case of Aureliano Fernandes in the context of an appeal against the impugned order of High Court of Bombay Bench at Goa. The Hon'ble High Court upheld the 'executive council' of the Goa University (disciplinary authority) and terminated the appellant's employment and barred him from further employment in pursuance of an alleged sexual harassment. The appellant argued before the apex court that the "Central Civil Services (Classification, Control and Appeal) Rules, 1965" ("Service Rules") violated the principles of natural justice. It was contended that the High Court was wrong in upholding the decision of the "Complaints Committee" established by the State University of Goa. The order was challenged before the Hon'ble Supreme Court, and argued that the said challenged order should be annulled.

  1. THE Apex Court Observations

The apex court noted "serious lapses" and "uncertainty" in the enforcement of "Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013". The court observes that the committee conducted merely 12 hearing "at a lightening speed" and denied the appellant even a reasonable opportunity and time to prepare his defence. Even, the lawyer was also denied to accused. The committee was found erred in "short-circuiting" the process and damaged the procedural fairness. The court opined that the procedural fairness is undeniable and can't be compromised at any cost.

Furthermore, the supreme court also opined that the impugned proceedings did not adhere to the "as far as possible" standard set forth in Rule 14 of the "Central Civil Services (Classification, Control and Appeal) Rules, 1965." The expression "as far as possible" gives way to flexibility and elasticity to the complaint committee while adopting a fair procedure in order to conduct inquiry in sensitive matters like sexual harassment at workplace. The expression bolsters the rules of natural justice in a proceeding.

The court found the inquiry in the contravention of principles of natural justice, enshrined in Art 311 of the Constitution. The Article envisages that no person employed in civil capacities "shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges". The court, as a result, overturned the decision of Bombay High Court that upholds the order of executive council of the University to terminate the appellant's employment.

  1. The Apex Court Directions

The Supreme court directed:

  1. All the Government Departments, Ministries and Organization are required to be a adhere to the requirements of the PoSH Act. The Union and State Government are asked to verify the same.
  2. The website of the concerned authorities must be accessible and must include the rules, regulations and internal policies such as composition of ICs/LCs, contact information for the designated person, procedure for filing an online complaint.
  3. All the statutory bodies of professionals at the central as well as state level, universities, colleges, hospitals are supposed to follow the same procedure.
  4. Authorities, management, and employers are required to take swift action to acquaint members of ICs and LCs with their responsibilities and the proper way to conduct an investigation after receiving a complaint of workplace sexual harassment.
  5. In order to improve the skills of the members of the ICs/LCs and to inform and acquaint women employees and women's groups on the provisions of the PoSH Act and its norms, the authorities, management, and employers are expected to routinely organise orientation programmes, workshops, seminars, and awareness campaigns.

  1. Landmark Judgements

There exists a trail of judicial pronouncements in which the court affirmed the significance of protection of women against sexual offences at the workplace. The case of "Vishaka v. State of Rajasthan"2 had a considerable effect on women's right in India. The case paved the way for recognition of sexual harassment as a form of gender-based violence. The court dealt with the issue extensively, and established legal remedies for its redressal. The ruling emerged as a significant precedent in the fight against gender-based violence. "Medha Kotwal Lele & Ors. v. Union of India & Ors"3 is another landmark judgment in this trail. The apex court reiterated the significance of the PoSH Act by upholding the act constitutional. The act was given due consideration in the direction of protecting women from sexual harassment at the workplace.

  1. Conclusion

The PoSH Act is enacted to combat and prevent sexual harassment in the workplace. The act ensures safe and respectful working environment for women. It aims to create a safe and secure working environment for employees by establishing guidelines and procedures for addressing complaint of sexual harassment. The act contributes to foster a culture of safety, dignity, and respect in workplaces across India. However, the implementation of the Act has some serious lapses. Recently in case of Aureliano Fernandes v. State of Goa and Others, the apex court stressed upon the extent of care to be exercised while dealing with the complaint under PoSH Act. Additionally, the court noted that the act has been passed in order to ensure that justice is rendered to victim or aggrieved women. In the light of "serious lapses" and "uncertainty" in the enforcement of the Act, the court rigorously directed to strictly adhere with the act. Considering the degree of sensitivity, the proper enforcement of the PoSH act is evitable to make a safe and sound environment at the workplace for women.

Footnotes

1. Civil Appeal No. 2482 of 2014.

2. (1997) 6 SCC 241.

3. (2013) 1 SCC 297.

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