INTRODUCTION
The Supreme Court of India, in Aureliano Fernandes v. The State of Goa and Ors., has ruled that compliance with the Prevention of Sexual Harassment of Women at Workplace (POSH) Act, 2013 is a binding duty. The Court set 28th September 2025 as the final deadline for full PoSH Act compliance. It warned that failure may attract strict penalties, including cancellation of licenses.
The law has existed for more than a decade. Yet, many employers still fail to form Internal Committees, publish policies, or conduct awareness programs. To fix this, the Court empowered Labour Commissioners and District Officers to inspect and act against defaulters.
For employers, the judgment means building proper systems, training staff, and keeping records. Beyond legal compliance, it ensures dignity, safety, and trust at work. The directive reminds all organizations that protecting women’s rights is not optional, it is a constitutional duty.
REASONS BEHIND THE DIRECTIVE
1. Continued Non-Compliance Since 2013
Many establishments ignored the Act despite it being in force for years. Employers failed to form Internal Committees (ICs) or formed them only on paper. Committees lacked training and seriousness. Small and medium enterprises remained unaware of their duties. The Court noted that voluntary compliance has failed. Hence, a strict deadline and enforcement became necessary.
2. Ongoing Concerns About Workplace Safety
Harassment still occurs at workplaces. Victims often lack proper forums to complain. Even when complaints arise, employers ignore or delay them. Fear of retaliation silences many women. The Court observed that workplaces cannot be “safe” unless the Act is implemented in full.
3. Lapses in Accountability
The Act also places duties on District Officers and Labour Commissioners. But enforcement has remained weak. The Court directed authorities to conduct inspections and enforce compliance. Responsibility will now apply to both employers and authorities.
4. Protection of Fundamental Rights
The Court reaffirmed that dignity, equality, and safe working conditions form part of fundamental rights under the Constitution. Non-compliance with POSH violates these rights. Workplace harassment is not just a statutory breach but a constitutional violation. Strict enforcement is therefore essential.
5. Prevention Over Punishment
The Court stressed that the POSH Act focuses on prevention. Employers must frame clear policies, conduct training, and ensure fair Internal Committees. Prevention builds a culture of safety, replacing fear with respect at workplaces.
WHAT THE JUDGMENT DIRECTS
1. Constitution of Internal Committee (IC)
Every workplace with more than 10 employees must set up an IC. It must include:
- A senior woman employee as Presiding Officer.
- At least two employees with HR/legal knowledge or commitment to women’s welfare.
- One external NGO member or POSH expert.
Without a valid IC, the employer is non-compliant.
2. Clear and Accessible Policy
Each organization must draft a written anti-harassment policy in simple terms. It must define harassment, explain complaint procedures, describe IC roles, and mention inquiry timelines. The policy should be displayed publicly and shared digitally.
3. Training and Awareness
Employers must conduct regular workshops and awareness drives. IC members require special training to conduct inquiries fairly and confidentially. Awareness helps employees raise complaints without fear.
4. Documentation and Records
Compliance requires proper documentation. Employers must maintain registers of complaints, inquiry reports, meeting minutes, and training records. Authorities may inspect these at any time.
5. Inspections and Audits
District Officers and Labour Commissioners will conduct routine and surprise inspections. Employers must stay audit-ready. Failure to produce records may trigger legal action.
6. Penalties for Non-Compliance
The Court warned of strict penalties. Non-compliance may lead to fines up to Rs. 50,000. Repeated violations will invite higher fines. In extreme cases, authorities may suspend or cancel business licenses.
POSH COMPLIANCE – SUPREME COURT DIRECTIONS
The Supreme Court has reminded all employers that the POSH Act is not optional. Every employer must ensure a workplace free from harassment and discrimination. By fixing 28th September 2025 as the compliance deadline, the Court closed the door on negligence. District Officers and Labour Commissioners now hold power to enforce compliance.
Employers must act immediately. They must form proper ICs, adopt written policies, conduct regular training, and maintain accurate records. Non-compliance invites fines and license suspension. True compliance goes beyond legal duties. It builds trust, morale, and reputation.
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CONCLUSION
The Supreme Court’s order is both a warning and an opportunity. It warns that negligence will face penalties. But it also allows organizations to set higher standards of dignity, equality, and safety. A workplace free from harassment is not just a legal demand. It is a moral obligation and a path to long-term credibility.
