New Delhi5 minutes ago
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The Supreme Court on Friday directed the central and state governments to submit reports within two months on whether sexual harassment committees have been constituted in all ministries and departments.
A bench of Justice AS Bopanna and Justice Hima Kohli said that the Prevention of Sexual Harassment Act (PoSH) was enacted in 2013 to prevent sexual harassment, but serious flaws were found in its implementation.
The Supreme Court said that the principle of justice was violated due to the lapse of the inquiry committee.
This direction of the Supreme Court came during the hearing on the petition of Aureliano Fernandes, HOD of Goa University. Aureliano challenged the Bombay High Court order on the sexual harassment charge against him.
Orellano was fired by the university’s disciplinary committee and told never to be employed again in the future. This order was upheld by the Bombay High Court.
The Supreme Court said during the hearing that there was a mistake during the investigation. Due to which the principles of natural justice were violated. Therefore, the order of the Bombay High Court is set aside.
Bad committee’s investigation is incomplete- SC
The bench said that the investigation of the bad committee formed for food supply is also half-incomplete. The consequences of which can be serious, such as leaving a guilty employee with only a heavy fine. Such a committee will create a problem in conducting the investigation in the workplace, as well as the rules given in the law will not be followed properly.
The court has said in the direction that all the states and the center should tell whether all the ministries, departments, government organizations, authorities, public sector undertakings, institutions, bodies have constituted the committee or not. Whether this committee has been constituted as per the provisions of the PoSH Act or not.
Also tell whether the information of the committee, e-mail ID and phone number details of the members, information related to the process of filing complaint online is easily available on the website of the concerned organization and whether it is updated or not.
If you fail to follow the instructions, the responsibility will be of the Chief Secretary.
The court said that immediate and effective steps should be taken to acquaint the committee members with their duties. So that right process can be followed right from the time of receiving the complaint of sexual harassment at the workplace till the investigation and submission of the report. For this, regular workshops, seminars and awareness events should be organized for the members so that they can tell women about the law and rules.
The court said that it will be the responsibility of the secretaries of the ministries of the central government and the chief secretaries of the states to follow all the instructions related to this committee.