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

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

Given the statutory scheme making the District Officer central to monitoring, reporting and certain enforcement functions, the court construed the statutory framework to require States/UTs to notify and appoint District Officers and for those officers to appoint nodal officers, constitute Local Committees, ensure...

Source-derived case information.

Parties
Petitioner: Initiatives for Inclusion Foundation & Anr.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
19 October 2023
Procedural Posture
Writ Petition (civil) No. 1224 of 2017 / Judgment
Outcome
Writ petition allowed in part and directions issued to Union and State/UT Governments to ensure effective implementation of the POSH Act and Rules as set out in the judgment
Legal Topics
Sexual Harassment at Workplace, Implementation of Statutes, District Officer Duties, Local Committee and Internal Complaints Committee, Awareness and Training
Constitutional Law Labour and Employment Administrative Law Sexual Harassment at Workplace Implementation of Statutes District Officer Duties Local Committee and Internal Complaints Committee Awareness and Training

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Parties

Initiatives for Inclusion Foundation & Anr.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 1224 of 2017 / Judgment

Legal Issues

  1. 1 Whether State/UTs are obliged to notify and appoint District Officers under Section 5 though the provision uses the word 'may'
  2. 2 How to operationalise the duties of District Officers under Sections 20, 21, 22 and 23 and the role of nodal officers under Section 6(2)
  3. 3 Gap in the Rules for operationalising penalties under Section 26 and identifying authority to collect fines

Ratio Decidendi

Given the statutory scheme making the District Officer central to monitoring, reporting and certain enforcement functions, the court construed the statutory framework to require States/UTs to notify and appoint District Officers and for those officers to appoint nodal officers, constitute Local Committees, ensure constitution of ICCs, collect and report annual compliance data, undertake training and awareness, and to require the Union Government to consider Rules amendments to operationalise penalty provisions so that the Act is enforceable in practice.

Court Disposition

Writ petition allowed in part and directions issued to Union and State/UT Governments to ensure effective implementation of the POSH Act and Rules as set out in the judgment

Orders

  • Union Government to consider amending the Rules to operationalise Section 26 by recognising a reporting authority and/or a fine collecting authority and to identify a nodal Department and create a nodal person post
  • Each State/UT Women and Child Development Ministry (through its Principal Secretary) to consider identifying a nodal person for coordination with the Union and to ensure appointment of a District Officer in each district within four weeks