NT Reporter
Margao
The High Court of Bombay at Goa has directed the Director of Panchayats to inspect every panchayat office and ascertain the number of employees engaged there to determine the implementation requirements under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
(POSH Act).
The direction came in an ongoing writ petition involving the Majorda-Utorda panchayat, filed by petitioner Sharlet Fernandes, who approached the court stating that the panchayat had not constituted an Internal Complaints Committee under Section 4(2) of the POSH Act.
In its Monday order, the court observed, “The director of panchayats has not made any statement as to which panchayats are directly covered under the provisions of Section 4 of the POSH Act and for which panchayats there is requirement for extension of the jurisdiction of the local committee under section 6 of the POSH Act.”
The court noted that although each panchayat was considered an independent workplace, nothing had been placed on record explaining why an Internal Complaints Committee had not been constituted or why steps had not been taken to enforce the provisions
of the Act.
It also noted that the affidavit did not specify the total number of employees working in each panchayat.
“We, therefore, direct the Director of Panchayats to file a further affidavit specifying, after inspecting every panchayat office and ascertaining the number of employees engaged by the State of Goa in terms of the definition under clause 2 (f) of section 2 of the POSH act,” the
court stated.
The court further directed that the affidavit specify whether any panchayat had fewer than 10 employees and detail the steps taken to extend the jurisdiction of the local committee under Section 6 of the
POSH Act.
The affidavit is to be filed by November 30. The matter is scheduled for the next hearing and further directions on December 2.
