Madras High Court directs state government to frame rules under PoSH Act, consider setting up separate department for women’s empowerment

Judge RN Manjula noted that while it was not fair to assume that the state had no intention of implementing the law, the existence of inherent indifference could not be denied.

In its 139-page order, the court also noted that all women’s welfare projects were entrusted to the Department of Social Welfare and Women Empowerment, which was also responsible for child protection. The court observed that since the department was already saddled with many responsibilities, it might be difficult for it to control all departments regarding the implementation of the law. The court, therefore, asked the state to conduct a study on the feasibility of creating a separate department for women empowerment, separate from the social welfare department.

“Submit a report on the feasibility of having a separate department for women’s empowerment by separating it from social protection and women’s empowerment, considering the workload and the objectives to be achieved.“, the court said.

The court ordered the National Commission for Women to submit a copy of the draft rules prepared by it to the state government, which will be considered, approved and published.

“Since the state government is yet to frame the rules of the PoSH Act. The National Commission for Women has submitted a draft model regulation which is very exhaustive. The National Commission for Women will submit a copy of the draft rule to the State Government within 2 weeks and the State Government will review the rules and make necessary changes if it deems fit, complete the approval , will publish the approved rules and submit a report on the processes in this regard at the next hearing“, the court observed.

Further, the court also observed that the officers of the government agencies had no basic knowledge of the features of the PoSH Act. The court found it shocking that in an RTI application seeking details of setting up an internal complaints committee, the district industrial center had informed that unions had been asked to form the committees.

“In a shocking response given to a social worker under the RTI Act regarding constitution of internal committees in certain unorganized sectors, an information officer of a district industrial center gave a reply stating that unions were invited to implement the formation of such committees. committees. This sad state of affairs would show that there is no basic knowledge among officers of government agencies about the law and its essential ingredients,” the court said.

The court thus directed the state government to create an official website, referring to each of the complaints committees and create a dashboard to provide information on the number of committees, details of committee members, the number of complaints received, the number of complaints resolved, number of reports submitted and details of actions taken.

The court ordered the state government and the State and National Commission for Women to come up with suggestions for enforcing gender sensitization among employees. The court added that authorities should work to ensure that those paid with public money do not engage in gender discriminatory acts, such as sexual harassment against women in the workplace, in violation of gender equality.

The court also asked the state to submit a report on whether sufficient funds were being spent to carry out the functions prescribed by law and, if insufficient funds were found, to explain the steps taken to generate funds. The court also asked for details on how the funds were used.

The court further ordered the state to conduct a feasibility study on the inclusion of gender sensitization in competitive examinations for employment in the central and state departments and to implement a gender pass similar basic level for people working in basic services.

Among other things, the court also suggested bringing in a gender sensitivity audit team to inspect workplaces and require a gender sensitivity clearance certificate issued by a technical (gender) authority at the central level /State/District/Taluk/Village as a condition precedent. obtain a license to carry out an activity, create a business, school, hospital industry or store, etc.

The directions were issued as part of a series of pleas challenging the action taken in relation to the sexual harassment complaints filed by the petitioner’s victims.

Petitioner’s advice: Mr. Niranjan S. Kumar, MK Vamanan, Dr. U. Nirmala Rani-Amicus Curiae

Defendant’s lawyer: Mr. Veerakathiravanan AAG assisted by MS Shanmugavel, AGP, MN Ramesh Arumugam, GA, M/s. David Sundar Singh Ms JRANnie Abinaya, MK Govindarajan, MR Karthic Rajan, MS Bharathy Kannan, Mr AKManikkan

Citation: 2024 LiveLaw (Mad) 461

Case title: X v. State

Case No: WP(MD)Nos.13981, 9747 and 12601 of 2024