Supreme Court Orders Nationwide POSH Compliance Survey in All Districts
- LexPOSH
- Aug 13
- 3 min read
In a significant step to strengthen the implementation of the Prevention of Sexual Harassment at Workplace (POSH) Act, 2013, the Supreme Court of India has directed that an extensive district-wise survey be conducted within six weeks to collect information on the constitution of Internal Committees (ICs) in all government and private institutions across the country.
Key Directions from the Supreme Court
On August 12, 2025, a Bench of Justice B.V. Nagarathna and Justice K.V. Viswanathan issued the order while monitoring compliance with its earlier directions dated December 3, 2024, in the suo motu matter regarding effective POSH Act implementation.
The Court:
Directed Labour Commissioners in each district and Chief Labour Officers of every State to provide data on registered entities to the Deputy Commissioners/District Magistrates.
Ordered that this data be used to verify whether Internal Committees (earlier called Internal Complaints Committees) are in place as mandated by the Act.
Warned that non-compliance could lead to the Labour Department refusing to renew licenses of defaulting organisations.
The Bench also reminded that Section 4 of the POSH Act makes it mandatory for every workplace — whether in the organised or unorganised sector - to have an Internal Committee to address complaints of sexual harassment.
Status of Implementation So Far
The Court was informed that:
Only the Union Territory of Andaman & Nicobar Islands has successfully completed a district-wise survey of Internal Committees in both government and private institutions.
All States have now appointed District Officers as required under Section 5 of the Act.
Most States have constituted Local Committees, but clarity is pending from Delhi, Haryana, Jharkhand, and Kerala.
Several States have yet to complete the mandated district-level survey.
Advocate and Amicus Curiae Padma Priya noted that while some States claim surveys are underway, others have avoided responding. The Court reiterated that the survey must be carried out by Deputy Commissioners or equivalent officers, with assistance from Labour Officers.
Helplines & Legal Aid Access
The Bench acknowledged updates from the National Legal Services Authority (NALSA) about resources available to aggrieved women:
National Women Helpline - 181
Cybercrime Helpline - 1930
National Legal Aid Helpline - 1510
These services can help victims file complaints under the POSH Act or seek free legal assistance.
December 2024 Directions – A Quick Recap
In its earlier order, the Supreme Court had:
Directed States/UTs to appoint District Officers by 31 December 2024.
Ordered constitution/reconstitution of Local Committees by 31 January 2025.
Mandated that all government departments, PSUs, and agencies have Internal Committees by 31 January 2025.
Required district-level surveys to check IC compliance in both public and private organisations.
Ordered the Union Government to ensure ICs in all its departments/agencies.
Directed States/UTs to file compliance affidavits in February 2025.
The Court also highlighted Section 26 of the Act, which prescribes penalties for non-compliance, and instructed States to upload survey data on the SheBox Portal.
Why This Matters
The Supreme Court’s push for a nationwide survey is a strong reminder that POSH compliance is not optional. Every employer - from large corporations to small establishments in the unorganised sector - must have a functioning Internal Committee to ensure a safe, dignified, and harassment-free workplace.
For organisations, this means it’s time to:
Review your POSH policy and procedures.
Ensure your Internal Committee is properly constituted and trained.
Maintain clear records to demonstrate compliance during inspections or surveys.
Case Reference: Aureliano Fernandes v. State of Goa & Ors., Diary No. 22553
