INITIATIVES FOR INCLUSION FOUNDATION & ANR. versus UNION OF INDIA & ORS

Citation: [2023] 13 S.C.R. 675 · Decided: 19-10-2023 · Supreme Court of India · Bench: S. RAVINDRA BHAT · Disposal: Directions issued

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Judgment (excerpt)

[2023] 13 S.C.R. 675 : 2023 INSC 927
675
CASE DETAILS
INITIATIVES FOR INCLUSION FOUNDATION & ANR.
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 1224 of 2017)
OCTOBER 19, 2023
[S. RAVINDRA BHAT AND DIPANKAR DATTA, JJ.]
HEADNOTES
Issue for consideration: Writ petitioner sought directions for 
implementation of the Sexual Harassment at Workplace (Prevention, 
Prohibition and Redressal) Act, 2013 read with the Sexual Harassment of 
Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.
Sexual Harassment at Workplace (Prevention, Prohibition 
and Redressal) Act, 2013 – Sexual Harassment of Women at 
Workplace (Prevention, Prohibition and Redressal) Rules, 2013 – 
Directions issued (under the relevant heads) to ensure the eff ective 
implementation of the POSH Act, and render it workable:
Held: (A) Coordination between Union Government and State/UT 
Governments: The Women and Child Development Ministry of every 
State/UT, through its Principal Secretary, should consider identifying a 
‘nodal person’ within the Department, to oversee and aid in coordination 
as contemplated under the POSH Act – This person would also be able 
to coordinate with the Union Government on matters relating to this 
Act and its implementation; (B) Appointment of Public Authorities: The 
concerned Principal Secretary of the State/UT Ministry of Women and 
Child [or any other Department, subject to amendment of the Rules], will 
personally ensure appointment of a district offi  cer in each district within 
their territorial jurisdiction, as contemplated under Section 5 – Thereafter, 
each appointed district offi  cer (a) must in compliance of Section 6(2) 
appoint nodal offi  cers in every block, taluka and tehsil in rural or tribal 
area and ward or municipality in the urban area; (b) must constitute a 
LC, as contemplated under Section 6 and 7 of the Act; and (c) ensure the 
676 
SUPREME COURT REPORTS 
[2023] 13 S.C.R.
contact details of these nodal offi  cers, and LCs, shall be forwarded to the 
nodal person within the State Government Ministry of Women and Child 
Development – Thereafter, a circular/bulletin containing names of all 
district offi  cers, and their contact details (phone, address, and email), along 
with a district wise chart of the various nodal offi  cers and their contact 
details, must be uploaded on the department’s website (or in the absence 
of one, on the main State government website) in a conspicuous location, 
along with a compiled version of the Act, Rules, and simple charts/
explainers on the basics of the Act; (C) Amendments and gaps in Rules 
that State must fi ll: The Union Government ought to consider amending 
the Rules, so as to operationalise Section 26 of the Act, by recognising 
a reporting authority, and/or a fi ne collecting authority – The Union 
Government may also consider amending the Rules so as to identify one 
Department (preferably the Women and Child Department), and creating 
a ‘nodal person’ post within the said Department to be responsible for the 
coordination required in the implementation of the Act; (D) Training and 
capacity building: The District Offi  cers and LCs should be mandatorily 
trained regarding their important responsibilities – Organisation of 
periodic and regular training sessions at the District level which are to be 
attended by the District Offi  cer, members of the LC, and nodal offi  cers; 
(E) Larger eff orts towards awareness: In furtherance of Section 24, the 
State/UT Governments, and Union Government are hereby directed to 
set out the fi nancial resources allocated and or needed, to developing 
educational, communication and training material for spreading awareness 
of the provisions of this Act to the public, and formulate orientation and 
training programmes – The District Offi  cers, once nominated by the 
State are hereby directed to identify the non-governmental organisations 
working with women and their protection within the district, and take 
action pursuant to their duty under Section 20(b) for creation of awareness 
– The appropriate government or district offi  cers in question, must also 
undertake eff ort to spread awareness on the existence of LCs, and make 
them approachable for the unorganized sector-thus operationalizing 
the horizontal import of this Act – The directions (iv) and (v) passed in 
Aureliano Fernandes v. State of Goa & Ors. are reiterated – A targeted 
eff ort be made to share the Government of India, Handbook on Sexual 
Harassment of Wo

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