# CASE DETAILS INITIATIVES FOR INCLUSION FOUNDATION & ANR v. UNION OF INDIA & ORS

- **Citation:** 2023 INSC 927
- **Court:** Supreme Court of India
- **Decided:** 2023-10-19
- **Bench:** S. Ravindra Bhat, Dipankar Datta
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/case-details-initiatives-for-inclusion-foundation-anr-v-union-of-india-ors-36640
- **Pages:** 26

## Headnote

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 operation

## Text

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[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 Women at Workplace (2015) with each District Offi cer,
677
who may in turn disseminate it to their respective LCs, the nodal offi cers
appointed under Section 6(2), and employers who constitute their own
ICCs; (F) Annual Compliance Reports : Due compliance with Section
21(1) and (2), and Section 22, must be undertaken by each District
Offi cer, of the State - The State/UT Governments is hereby directed to
create a Standard Operating Procedure (SOP) including the procedure,
and timelines for this process, so as to enable it to, in turn, comply with
Section 23 of the Act, i.e., monitoring implementation and maintaining
data; (G) Monitoring of ICs and compliance by employers : The directions
passed in Aureliano Fernandes v. State of Goa & Ors. address most
specifi cally, the constitution of ICs-in public establishments [falling
broadly within Section 2(o)(i)] and some private establishments-such
as bodies governing professional associations, etc.; those directions are
hereby reiterated, to avoid multiplicity or overlap of eff orts - Similarly,
directions are hereby made to hospitals, nursing homes, sports institutes,
stadiums, sports complex, or competition or games venues [as defi ned in
Section 2(o)(iii) and (iv)] to establish ICs, and report compliance as per
the duties under this Act - The District Offi cer must be supplied a list of
establishments (compiled by the relevant departments of the State/UT
Government) that fall within the scope of Section 2(o), so that they may
write to them and ensure that they are well versed with the provisions
relating to employers, and their duties (including constitution of ICC
under Section 4, duties under Section 19, etc.) and are implementing them
in letter and spirit. This will also enable collection of annual reports, as
contemplated under Section 21 - The consequent direction to all private
sector workplaces under Section 2(o)(ii) can be passed once the District
Offi cer is able to discern an exhaustive list of entities. [Para 22]
Sexual Harassment at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 - 'may' in s.5 - discussed.
Sexual Harassment at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 - 'domestic worker', 'unorganised sector',
'workplace' - discussed.
Sexual Harassment at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 - Role of District Offi cer - discussed.
INITIATIVES FOR INCLUSION FOUNDATION & ANR. v.
UNION OF INDIA & ORS.
678
SUPREME COURT REPORTS
[2023] 13 S.C.R.
LIST OF CITATIONS AND OTHER REFERENCES
State of Uttar Pradesh v. Jogendra Singh [1964] 2 SCR 197 - relied on.
Aureliano Fernandes v. State of Goa & Ors., (Judgment dated
12.05.2023 in C.A. No.2482 of 2014) - referred to.
OTHER CASE DETAILS INCLUDING IMPUGNED
ORDER AND APPEARANCES
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 1224
of 2017.
(Under Article 32 of The Constitution of India)
Appearances:
Sanjay Parikh, Sr. Adv., Ms. Srishti Agnihotri, Ms. Shobha Gupta,
Aditya Ranjan, Ms. Jessy Kurian, Ms. Tarjana Rai, Advs. for the Petitioners.
Lokesh Sinhal, Sr. A.A.G., Deepak Thukral, A.A.G., Ms. Rekha Dayal,
Sr. Adv., Ms. Suhseni Sen, Ms. Manisha Chava, Rustam Singh Chauhan,
Gurmeet Singh Makker, Sahil Bhalaik, Tushar Giri, Siddharth Anil Khanna,
Mahfooz Ahsan Nazki, Surjendu Sankar Das, Ms. Annie Mittal, Vinod
Sharma, Pashupathi Nath Razdan, Ms. Maitreyee Jagat Joshi, Astik Gupta,
Ms. Akanksha Tomar, Nishe Rajen Shonker, Mrs. Anu K. Joy, Abraham
Mathew, Alim Anvar, Pukhrambam Ramesh Kumar, Aaditya Aniruddha
Pande, Siddharth Dharmadhikari, Sourav Singh, Aditya Krishna, Mrinal
Gopal Elker, Saurabh Singh, Siddhesh Shirish Kotwal, Ms. Ana Upadhyay,
Ms. Manya Hasija, Tejasvi Gupta, Pawan Upadhyay, Nirnimesh Dube,
Shibashish Misra, Ajay Pal, Mayank Dahiya, Ms. Sugandh Rathor, Tanmaya
Agarwal, Wrick Chatterjee, Mrs. Aditi Agarwal, Vinayak Mohan, Raj
Bahadur Yadav, Shreekant Neelappa Terdal, Sri Harsha Peechara, Duvvuri
Subrahmanya Bhanu, Ms. Pallavi, Ms. Kriti Sinha, Rajiv Kumar Choudhry,
Aravindh S., Abbas, Abhinav Mukerji, Mrs. Bihu Sharma, Ms. Pratishtha Vij,
Mohit Prasad, Ms. Swati Ghildiyal, Samar Vijay Singh, Dr. Monika Gusain,
Nikunj Gupta, Keshav Mittal, Tapesh Kumar Singh, Prashant Bhardwaj,
Aditya Pratap Singh, Priyanshu Malik, V. N. Raghupathy, Manendra Pal
Gupta, Varun Varma, M. Bangaraswamy, S. Spandana Reddy, Avijit Mani
Tripathi, T.K. Nayak, Ms. Rekha Bakshi, Ms. Marbiang Khongwir, Ms. K.
679
Enatoli Sema, Ms. Limayinla Jamir, Amit Kumar Singh, Ms. Chubalemla
Chang, Prang Newmai, Raghvendra Kumar, Anand Kumar Dubey, Devvrat
Singh Naruka, Ms. Harsha Sharma, Maneeshpathak, Sabarish Subramanian,
Shuvodeep Roy, Kabir Shankar Bose, Deepayan Dutta, Vishwa Pal Singh,
Ms. Rachana Gandhi, Mukesh Kumar, Bharpur Singh, Sandeep Kumar,
Ashish Pandey, Akash, Gopal Singh, Akhileshwar Jha, Hitesh Kumar
Sharma, Neeraj Singh, Ms. Yamini Sharma, Ritika Raj, Ms. Niharika
Dewivedi, Ms. Manju Jetley, Gaurav Agrawal, Satya Mitra, Advs. for the
Respondents.
JUDGMENT / ORDER OF THE SUPREME COURT
JUDGMENT
S. RAVINDRA BHAT, J.
1. The writ-petitioner organisation, approaches this court under Article
32 of the Constitution, seeking issuance of appropriate orders directing
the respondents [Union government, and each State/UT government -
collectively referred to as 'respondent-state'] to take steps for implementing
the provisions 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
[hereafter "Act/POSH Act" or "Act" and "Rules/POSH Rules" respectively].
The detailed claims1 are extracted verbatim:
"1. To issue a writ in the nature of mandamus or an appropriate writ,
order or direction as may be necessary:-
a. Directing all the Respondents, i.e. Union of India, States and UTs
to implement the provisions of the Sexual Harassment of Women
at Workplace (Prevention, Prohibition, Redressal) Act, 2013 and
the Sexual Harassment of Women at Workplace (Prevention,
Prohibition, Redressal) Rules, 2013 without any further delay;
1
The following abbreviations have been used in the writ petition, as well as in this
judgment hereafter: "LCC" or "LC" mean 'Local Committee' (as per Act 23/2016
which amended 'local complaints committee' to 'local committee'); and "ICC" or
"IC" to mean 'Internal Complaints Committee'.
INITIATIVES FOR INCLUSION FOUNDATION & ANR. v.
UNION OF INDIA & ORS.
680
SUPREME COURT REPORTS
[2023] 13 S.C.R.
b. Directing all the States/UTs to notify and appoint the District
Offi cers as per Section 5 of the Act;
c. Directing all the States/UTs to constitute LCCs in all the districts
as per Section 6 & 7 of the Act;
d. Directing all the States/UTs to appoint Nodal Offi cers as per
Section 6 of the Act;
e. Directing all the States/UTs to constitute ICCs as per Section 4 of
the Act in all the workplaces defi ned in Section 2(o) of the Act;
f.
Directing all the States/UTs to ensure reporting and collection of
Annual Compliance Reports from all workplaces by all the District
Offi cers of respective States as per Section 21 and 22 of the Act;
g. Directing all the States/UTs to ensure that the Annual Compliance
Reports collected by District Offi ce[r]s, containing information
on the number of cases fi led and their disposal, are consolidated
and the reports are published and put in public domain;
h. Directing all the States/UTs to give due publicity to the Acts and
Rules in all the Districts - block, talukas, tehsil in rural or tribal
area and ward or municipality in the urban area and that awareness
activities will be organized to advance the understanding of the
provisions of this Act;
i.
Directing all the States/UTs that the gist of important provisions
will be displayed at all working places in all the States/UTs.
j.
Directing Respondent No.1 to frame rules and/or directions as
provided in Section 29 of the Act, to clarify role of Districts in
collecting annual compliance reports from ICCs and LCCs, role
of District Offi cers in collecting fi nes for non-compliance of the
Act and appropriate authority for collection of fi nes;

2. Issue any other writ/order/direction as this Hon'ble Court may
deem fi t and proper in the circumstances of the case."
2. Over the course of many hearings, this court, with the able assistance
and cooperation of learned counsels involved in the matter - on both sides -
undertook an exercise to delineate lacunae in the implementation of the Act,
681
on ground. Further, in compliance with orders of this court, numerous states2
fi led affi davits highlighting steps taken by their respective governments in
furtherance of implementing the Act and Rules in letter and spirit.
3. On 20.02.2023, learned counsels addressed this court on certain
questions regarding the setting up of Nodal Cells in the concerned Central
Union Ministry and also with respect to setting up of Local Committee and
appointment of Nodal Offi cers in all districts of the country. This judgment
pertains to these specifi c issues and the suggestions made in this regard.
4. Recently, this court in another bench composition, in Aureliano
Fernandes v. State of Goa & Ors.3 had occasion to pass directions regarding
the implementation of the POSH Act. These directions are comprehensive
with regards to seeking compliance of the Act by the appropriate government
[as defi ned under Section 2(b)] and its many departments, authorities,
institutions, etc.; the High Courts and the courts it supervises; specifi c nonstate authorities/organisations such as - statutory bodies of professionals
(at the apex and state level), universities and other educational institutions,
hospitals/nursing homes, etc. It specifi cally directed NALSA and SLSAs,
and the National Judicial Academy and State Judicial Academies, to develop
modules for workshops and awareness programmes, in their capacities.
Given that the directions passed overlap with the scope of the present writ
petition that is before this court, they merit emphatic reiteration:
"77. To fulfi l the promise that the PoSH Act holds out to working
women all over the country, it is deemed appropriate to issue the
following directions:
(i) The Union of India, all State Governments and Union Territories
are directed to undertake a timebound exercise to verify as to whether
all the concerned Ministries, Departments, Government organizations,
authorities, Public Sector Undertakings, institutions, bodies, etc. have
2
Including Nagaland, Madhya Pradesh, Meghalaya, Goa, Puducherry, Dadra &
Nagar Haveli, Karnataka, Manipur, Haryana, Telangana, Gujarat, Assam, Rajasthan,
Himachal Pradesh, Chandigarh UT, Andaman and Nicobar, Uttarakhand, Uttar
Pradesh, Sikkim, Punjab, Odisha, Maharashtra, Jharkhand, NCT Delhi, Bihar, Tamil
Nadu, Kerala, and Tripura.
3
Judgment dated 12.05.2023 in Civil Appeal No. 2482/2014.
INITIATIVES FOR INCLUSION FOUNDATION & ANR. v.
UNION OF INDIA & ORS. [S. RAVINDRA BHAT, J.]
682
SUPREME COURT REPORTS
[2023] 13 S.C.R.
constituted ICCs/LCs/ICs, as the case may be and that the composition
of the said Committees are strictly in terms of the provisions of the
PoSH Act.
(ii) It shall be ensured that necessary information regarding the
constitution and composition of the ICCs/LCs/ICs, details of the e-mail
IDs and contact numbers of the designated person(s), the procedure
prescribed for submitting an online complaint, as also the relevant
rules, regulations and internal policies are made readily available
on the website of the concerned Authority/Functionary/Organisation/
Institution/Body, as the case may be. The information furnished shall
also be updated from time to time.
(iii) A similar exercise shall be undertaken by all the Statutory bodies
of professionals at the Apex level and the State level (including
those regulating doctors, lawyers, architects, chartered accountants,
cost accountants, engineers, bankers and other professionals), by
Universities, colleges, Training Centres and educational institutions
and by government and private hospitals/nursing homes.
(iv) Immediate and eff ective steps shall be taken by the authorities/
managements/employers to familiarize members of the ICCs/LCs/
ICs with their duties and the manner in which an inquiry ought to
be conducted on receiving a complaint of sexual harassment at the
workplace, from the point when the complaint is received, till the
inquiry is fi nally concluded and the Report submitted.
(v) The authorities/management/employers shall regularly conduct
orientation programmes, workshops, seminars and awareness
programmes to upskill members of the ICCs/LCs/ICs and to educate
women employees and women's groups about the provisions of the
Act, the Rules and relevant regulations.
(vi) The National Legal Services Authority (NALSA) and the State
Legal Services Authorities (SLSAs) shall develop modules to
conduct workshops and organize awareness programmes to sensitize
authorities/managements/employers, employees and adolescent groups
with the provisions of the Act, which shall be included in their annual
calendar.
683
(vii) The National Judicial Academy and the State Judicial Academies
shall include in their annual calendars, orientation programmes,
seminars and workshops for capacity building of members of the ICCs/
LCs/ICs established in the High Courts and District Courts and for
drafting Standard Operating Procedures (SOPs) to conduct an inquiry
under the Act and Rules.
(viii) A copy of this judgment shall be transmitted to the Secretaries
of all the Ministries, Government of India who shall ensure
implementation of the directions by all the concerned Departments,
Statutory Authorities, Institutions, Organisations etc. under the
control of the respective Ministries. A copy of the judgment shall also
be transmitted to the Chief Secretaries of all the States and Union
Territories who shall ensure strict compliance of these directions
by all the concerned Departments. It shall be the responsibility of
the Secretaries of the Ministries, Government of India and the Chief
Secretaries of every State/Union Territory to ensure implementation
of the directions issued.
(ix) The Registry of the Supreme Court of India shall transmit a copy
of this judgment to the Director, National Judicial Academy, Member
Secretary, NALSA, Chairperson, Bar Council of India and the Registrar
Generals of all the High Courts. The Registry shall also transmit a
copy of this judgment to the Medical Council of India, Council of
Architecture, Institute of Chartered Accountants, Institute of Company
Secretaries and the Engineering Council of India for implementing
the directions issued.
(x) Member-Secretary, NALSA is requested to transmit a copy of this
judgment to the Member Secretaries of all the State Legal Services
Authorities. Similarly, the Registrar Generals of the State High Courts
shall transmit a copy of this judgment to the Directors of the State
Judicial Academies and the Principal District Judges/District Judges
of their respective States.
(xi) The Chairperson, Bar Council of India and the Apex Bodies
mentioned in sub-para (ix) above, shall in turn, transmit a copy of this
judgment to all the State Bar Councils and the State Level Councils,
as the case may be.
INITIATIVES FOR INCLUSION FOUNDATION & ANR. v.
UNION OF INDIA & ORS. [S. RAVINDRA BHAT, J.]
684
SUPREME COURT REPORTS
[2023] 13 S.C.R.
78. The Union of India and all States/UTs are directed to fi le their
affi davits within eight weeks for reporting compliances. List after
eight weeks."
5. In addition to these detailed directions, a few aspects relating to the
eff ective implementation of the POSH Act highlighted in the present writ
petition, require our attention.
Authorities responsible for the implementation of the POSH Act
6. The POSH Act is comprehensive, and a code in itself, for prevention,
punishment and redressal of sexual harassment complaints. It takes the
remit of the remedy envisaged in the Vishaka Guidelines beyond the State
and public functionaries, to a larger, much wider scope of 'employee'4 and
'employer'5 than any other legislation. As a result, it comes too, with its
own challenges for eff ective implementation. Anticipating this, the Act
4
Section 2(f) reads as follows:

"(f) "employee" means a person employed at a workplace for any work on
regular, temporary, ad hoc or daily wage basis, either directly or through an agent,
including a contractor, with or, without the knowledge of the principal employer,
whether for remuneration or not, or working on a voluntary basis or otherwise,
whether the terms of employment are express or implied and includes a co-worker, a
contract worker, probationer, trainee, apprentice or called by any other such name"
5
Section 2(g) reads as follows:

"(g) "employer" means-

(i) in relation to any department, organisation, undertaking, establishment,
enterprise, institution, offi ce, branch or unit of the appropriate Government or a local
authority, the head of that department, organisation, undertaking, establishment,
enterprise, institution, offi ce, branch or unit or such other offi cer as the appropriate
Government or the local authority, as the case may be, may by an order specify in this
behalf;

(ii) in any workplace not covered under sub-clause (i), any person responsible for
the management, supervision and control of the workplace.

Explanation. -For the purposes of this sub-clause "management" includes the person
or board or committee responsible for formulation and administration of polices for
such organisation;

(iii) in relation to workplace covered under sub-clauses (i) and (ii), the person
discharging contractual obligations with respect to his or her employees;

(iv) in relation to a dwelling place or house, a person or a household who employs
or benefi ts from the employment of domestic worker, irrespective of the number, time
period or type of such worker employed, or the nature of the employment or activities
performed by the domestic worker;"
685
provides for a tiered-model for its functioning, and in turn for monitoring
of its implementation.
7. Each employer is legally mandated to constitute an ICC under
Section 4. To address the gaps where there is no ICC (i.e., for those
working in a workplace that employs less than 10 workers or where the
employer themselves are the respondent), the Act provides for an LC
in each district, which is to be constituted by the District Offi cer under
Section 6. The District Offi cer is also tasked with designating a nodal
offi cer in each block, taluka, and tehsil in rural or tribal area, and ward
or municipality in the urban area, to receive complaints and forward the
same to the concerned LC6. These nodal offi cers are meant to be the fi rst
point of contact in that sense, especially in situations where there is no
ICC constituted. The ICC or LC after conducting inquiry (or recording
settlement7 if such is the case), has to in its inquiry report recommend to
the employer, or District Offi cer, respectively, what action is to be taken
against the respondent (or in the situation of a false/malicious case8, against
the complainant), in each case9.
8. The Petitioner has pointed out that there is a lack of clarity as to
the District Offi cer's role in relation to the annual reports contemplated
under Section 21 and 22. A reading of these provisions together off ers some
clarity: both the ICC and LC prepare annual reports and submit it either
directly (in the case of the LC) or through the employer (here, the ICC), to
the District Offi cer10. While Section 21(1) does not mention the ICC report
being forwarded to the District Offi cer, Section 22 right after, states that the
employer is mandated to mention in its report the number of cases lodged
and disposed (if any), and even in the absence of a report it must intimate
the numbers to the District Offi cer11. Further, it is the District Offi cer, in
turn, who submits a brief report to the State Government12.
6
Section 6(2) of the POSH Act.
7
Section 10 of the POSH Act.
8
Section 14 of the POSH Act and Rule 10 of the Rules.
9
Section 13 of the POSH Act and Rule 9 of the Rules.
10 Section 21(1) of the POSH Act.
11 Section 22 of the POSH Act.
12 Section 21(2) of the POSH Act.
INITIATIVES FOR INCLUSION FOUNDATION & ANR. v.
UNION OF INDIA & ORS. [S. RAVINDRA BHAT, J.]
686
SUPREME COURT REPORTS
[2023] 13 S.C.R.
9. The appropriate government [defi ned under Section 2(b)], is
responsible at the last level, to monitor the implementation of this Act
and maintain data on the number of cases fi led and disposed of in respect
of all cases of sexual harassment at workplace13. It is also obligated to
take measures to publicise the Act14. Another built-in safeguard in the
framework is that the appropriate government is empowered to call for
information and inspection of records15 - wherein it may call upon an
employer or District Offi cer to furnish in writing any information relating
to sexual harassment it may require, or produce any record required by an
offi cer authorised to carry out an inspection.
10. What is wholly apparent from this outline of the scheme of the
Act, is that the role of the District Offi cer, is pivotal; they are responsible
for numerous aspects in the implementation of the Act. It is where the
buck stops, so to say, in terms of coordination and accountability relating
to the POSH Act. Even in terms of payment and fees - the District Offi cer
is responsible for payment of allowances to the Chairman and members of
the LC16, which it receives from the agency set up by the State Government
(ref: Section 8 of the Act). Interestingly, the District Offi cer also performs
a duty in terms of enforcement; under Section 13, if the respondent in any
case fails to pay any sum so directed, the ICC/LC can forward the order
for recovery of the sum as an arrear of land revenue to the concerned
District Offi cer17.
11. Section 5 stipulates that:
"5. The appropriate Government may notify a District Magistrate
or Additional District Magistrate or the Collector or Deputy
Collector as a District Offi cer. for every District to exercise
powers or discharge functions under this Act."
And Chapter VII, titled 'Duties and Powers of the District Offi cer'
states under Section 20:
13 Section 23 of the POSH Act.
14 Section 24 of the POSH Act.
15 Section 25 of the POSH Act.
16 Rule 5 of the POSH Rules
17 Second proviso to Section 13(3) of the POSH Act.
687
"20. The District Offi cer shall, -
(a) monitor the timely submission of reports furnished by the
Local Committee;
(b) take such measures as may be necessary for engaging nongovernmental organisations for creation of awareness on sexual
harassment and the rights of the women."
While the language used in Section 5 is 'may', the context of the
statute - as elaborated above, and specifi cally Section 20 (which uses 'shall'
and obligates the District Offi cer to perform pivotal functions) makes it
quite clear that the District Offi cer, is the most important functionary in the
system, tasked with keeping the redressal and monitoring framework both
intact, and smoothly running. In one of the fi rst cases on the interpretation
of 'may', this court in State of Uttar Pradesh v. Jogendra Singh18 held:
"There is no doubt that the word "'may" generally does not mean
'must' or 'shall'. But it is well settled that the word "may" is capable
of meaning "must" or 'shall' in the light of the context. It is also clear
that where a discretion is conferred upon a public authority coupled
with an obligation, the word 'may' which denotes discretion should
be construed to mean a command. Sometimes, the legislature uses
the word "may" out of deference to the high status of the authority
on whom the power and the obligation are intended to be conferred
and imposed. In the present case, it is the context which is decisive."
Treating Section 5 as directory, would leave a gaping hole in the
otherwise clearly delineated workfl ow and redressal mechanism, and the
effi cacy of this legislation, as a result, falls fl at.
12. We have perused the replies/affi davits fi led by numerous states
pursuant to receiving notice; seen together, they are marked by a lack of
uniformity in terms of implementation of the Act. Numerous states have
tried to force-fi t the institutional requirements of the Act, within their
existing bureaucratic frameworks (for instance, some states have assigned
its implementation to departments other than their Women and Child
18 [1964] SCR (2) 197
INITIATIVES FOR INCLUSION FOUNDATION & ANR. v.
UNION OF INDIA & ORS. [S. RAVINDRA BHAT, J.]
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Development Ministry, like the departments dealing with Social Welfare,
Social Security, Legislative Aff airs, etc.). The affi davit fi led by the petitioner
in response to the replies by the States, highlights the many lacunae and
lack of uniformity in the implementation of the POSH Act, by various state
governments. District Offi cers were in most states notifi ed after notice of this
writ petition was served on them, and even among those states that have taken
action - they have simply notifi ed a specifi c post as District Offi cer, without
providing any specifi c details of the offi cers, their contact information, etc.
Most states have failed to provide documentation on constitution of LCs,
and even those who have, many have not constituted one in each district.
Only a handful of states have provided any details of 'nodal offi cers'- but
even among these, the nodal offi cers are specifi c posts notifi ed, and not
individuals at every taluka, ward, municipality, etc. as contemplated under
Section 6(2). The information on annual reports is perhaps most alarming-
only three have provided a consolidated report (relying on diff ering sources,
or just the LCs). Each State, has notifi ed a diff erent Ministry as the 'nodal'
ministry for implementation of the Act - some have notifi ed the Social
Welfare Ministry or its allied departments, while others rely on the Women
and Child Development department.
13. The general thrust of the affi davits, especially that of the Union of
India - has been to highlight the generation of awareness through a massive
publicity campaign and issuance of advisories, publication of handbooks,
etc. However, it is quite plainly clear that though the generation of awareness
is necessary, if a woman suff ers sexual harassment at the workplace - the
framework for redressal has to in fact exist. The failure to notify district
offi cers specifi cally, has a snowballing eff ect on appointment of the LCs
and nodal offi cers, in addition to other aspects. The complaint mechanism,
and larger framework - no matter how eff ective, remain inadequate if the
authorities set out in the Act, are not duly appointed/notifi ed. Therefore,
the State/UT government must ensure that every district, at all times has
a notifi ed District Offi cer; in case of vacancy caused by retirement, or any
other reason, it must be duly remedied, to enable smooth transition between
offi cers, and ensure that there is always someone in-charge of this position.
Furthermore, eff ort has to be undertaken to orient, train and sensitise these
district offi cers, with regards to the provisions of the Act and Rules, with
an emphasis on their roles and obligations. Similar range of activities must
689
be conducted for the nodal offi cers appointed and LCs constituted by each
district offi cer.
Operationalizing the Act for the unorganized sector
14. This Act is a pioneering legislation with a 'horizontal' mechanism
and rights framework. A look at some of the defi nitions - 'employee'19,
'employer'20, and 'workplace'21 drives this point home and demonstrates
the scope of its horizontal application. Further, the inclusion of defi nitions
of 'domestic worker', and 'unorganized sector' in Section 2, which though
not expressly referred to in the substantive content of the Act, is telling:
"(e) "domestic worker" means a woman who is employed to do the
household work in any household for remuneration whether in cash or
kind, either directly or through any agency on a temporary, permanent,
part time or full time basis, but does not include any member of the
family of the employer;"
"(p) "unorganised sector" in relation to a workplace means an
enterprise owned by individuals or self-employed workers and engaged
in the production or sale of goods or providing service of any kind
whatsoever, and where the enterprise employs workers, the number
of such workers is less than ten."
The inclusion of these defi nitions, has greatly expanded the scope of
this Act's application. An aggrieved domestic worker, thus, can take action
against a person residing in the house they work at, using the LC framework;
see Section 2(o) which defi nes 'workplace' and includes under sub-clause
(vi) "a dwelling place or house":
"(o) "workplace" includes-
(i) any department, organisation, undertaking, establishment,
enterprise, institution, offi ce, branch or unit which is established,
owned, controlled or wholly or substantially financed by funds
provided directly or indirectly by the appropriate Government or the
19 Section 2(f), extracted above in fn 4.
20 Section 2(g) extracted above in fn 5.
21 Section 2(o) of the Act.
INITIATIVES FOR INCLUSION FOUNDATION & ANR. v.
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local authority or a Government company or a corporation or a cooperative society;
(ii) any private sector organisation or a private venture, undertaking,
enterprise, institution, establishment, society, trust, non-governmental
organisation, unit or service provider carrying on commercial,
professional, vocational, educational, entertainmental, industrial,
health services or fi nancial activities including production, supply,
sale, distribution or service;
(iii) hospitals or nursing homes;
(iv) any sports institute, stadium, sports complex or competition or
games venue, whether residential or not used for training, sports or
other activities relating thereto;
(v) any place visited by the employee arising out of or during the
course of employment including transportation by the employer for
undertaking such journey;
(vi) a dwelling place or a house"
15. Consider next, the composition and role of the LC - which is the
foundational body in the district, especially so for the unorganized sector.
This committee is headed by a nominated chairperson who is an eminent
woman in the fi eld of social work and committed to the cause of women;
one member is nominated from the women working in a block/taluka/tehsil
(rural) or ward/municipality (urban); two more, of which at least one has
to be a woman to be nominated amongst NGOs or associations committed
to cause of women or a person familiar with the issues relating to sexual
harassment. Further one must be with legal background/knowledge of the
law, and one must belong to a Scheduled Caste, Scheduled Tribe, or Other
Backward Class22. An LC is empowered with powers equivalent to a civil
court23 to conduct inquiry, issue summons, enforce attendance, etc., which
is refl ective of its importance in the framework. The inclusion of nominees
from such NGOs is also helpful, because in a context where LCs may
convey a sense of formality, women fi nd it easier to approach local NGOs;
22 As per Section 6 and 7 of the Act.
23 Section 11 of the Act.
691
this is one of the fi nding in a 2015 International Labour Organization (ILO)
report24. However as pointed out, there is no avenue in the law for these
NGOs to register or pursue the matter on behalf of such consenting women.
Thus, the spreading of awareness relating to LCs and dispelling the air of
formality, should form a priority of the highest level State, that seeks to
implement the Act.
16. Lastly, it is relevant to note a major limitation of the Act, which
depends on the Union Government to disburse funds to the States, which
using an agency, can transfer the same to the district offi cer25. Similarly
Section 20 and 24, which obligate the district offi cer and appropriate
government to take steps to publicise the Act, is limited by Section 24
which states that:
"The appropriate Government may, subject to the availability of
fi nancial and other resources, -
(a) develop relevant information, education, communication and
training materials, and organise awareness programmes, to advance
the understanding of the public of the provisions of this Act providing
for protection against sexual harassment of woman at workplace;
(b) formulate orientation and training programmes for the members
of the [Local Committee]."

(emphasis supplied)
In the absence of a delineated budget to pay the concerned offi cers
and conduct events for awareness and training, various LCs are rendered
infructuous or remain vacant26. Therefore, the requirement of setting the
budget for the implementation of this Act, at each district level, and thereafter
state-level, to ascertain disbursal of grants from the Union Government.
24 ILO, Insights into working conditions in India's garment (2015) <https://
ruralindiaonline.org/en/library/resource/insights-into-working-conditions-in-indiasgarment-industry/> (accessed on 17.10.2023).
25 Section 8 of the Act.
26 See NHRC's report on status and Functioning of Local Complaints Committees under
the Act (2019) https://nhrc.nic.in/sites/default/fi les/Status and Functioning of Local
Complaints Committees under the Sexual Harassment.pdf (accessed on 17.10.2023).
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[2023] 13 S.C.R.
17. In this manner, the Act contemplates a wide scope for both the
aggrieved woman, and the respondent, and place a public duty on the
employers, or LCs as the case may be, to ensure prevention, prohibition
and redressal of complaints of sexual harassment. Operationalizing LCs
and ensuring their eff ectiveness, remains the key to making these remedies
accessible to the unorganized sector.
Discussion on specifi c directions sought by the petitioners
18.