Madras High Court Appreciates State’s Compliance With Its Directives On PoSH Act Enforcement

The Court was hearing three writ petitions relating to workplace sexual harassment issues, wherein several directions had been issued earlier to ensure that protections under the PoSH Act are effectively enforced across all workplaces in the State.

A Bench comprising Dr Justice R.N. Manjula revisited the directives issued in an earlier order and noted with approval the progress made by Government departments and statutory authorities in compliance therewith.

While taking note of the steps taken by the state in compliance with the directives of the High Court, the Bench remarked: “The overall response and interest shown by the State Government in implementing the directions is no doubt commendable. All the learned Government law officers under the lead of Advocate General and Additional Advocate Generals at Madurai along with the Public Prosecutor and various departments of the State, especially the department of Social Welfare for women and children have shown tremendous interest to ensure that many of the directions are complied by showing the State of Tamil Nadu as a model for the other States to follow”.

Advocate V. Nirmala Rani assisted the Court as Amicus Curiae throughout the proceedings.

Background

The High Court had earlier issued omnibus directions to secure safer workplaces for women, including framing of rules, establishment of Internal Committees in all establishments, increased transparency in reporting mechanisms, gender-sensitivity capacity building, and monitoring measures at the State and National levels.

State authorities were required to file progress reports at every stage. Multiple departments responded with information demonstrating active compliance efforts.

The petitions were thereafter listed for final consideration on whether the continued monitoring structure should remain judicially supervised or whether compliance was now at a stage where the State should independently continue the process.

Court’s Observation

The High Court, upon examining the material placed on record, acknowledged that the State Government had demonstrated “tremendous interest” in ensuring compliance with earlier orders, including by issuing Government Orders, uploading Internal Committee data to a dedicated online portal, and designating nodal officers in rural and urban regions.

The Bench noted details of compliance: thousands of Internal Committees established in government and private entities; designation of 2981 nodal officers; creation of dashboards and PoSH-related inspection protocols; strengthening of the 181 Women Helpline; and proposals under the TN We-SAFE Project, including gender audit squads and safety-focused infrastructure.

It further recorded steps taken across various departments such as TNPSC, TNUSRB, MRB and TRB to include gender sensitisation material in recruitment exams, inclusion of PoSH content in departmental tests, internal evaluation mechanisms through service rules, and constitution of technical committees for designing modules and training.

The Court also highlighted measures taken in educational institutions under child-safety mandates, including the constitution of Student Safeguarding Advisory Committees, installation of complaint safety boxes, and curriculum development for gender inclusivity and sexual health education.

Recognising the broader constitutional dimension, the Court emphasised that legislative safeguards protecting women are “not just a response but an unspoken vow” by the State to prevent gender-based violence and uphold equality. The Court stated that such judicial directions act as reminders of the State’s own oath in securing women’s rights.

Appreciating the State’s approach, the Court remarked that although the State currently adopts a persuasive rather than coercive strategy, corrective actions may become necessary should compliance fall short over time. It underscored that democracy demands collective responsibility between the State and citizens, and in cases of indifference, the State must ensure responsiveness.

The Court specifically recorded gratitude for the efforts of the State Women Commission, various departments, and government law officers in turning Tamil Nadu into a “model for the other States to follow.” The Union of India’s commitment to replicate similar initiatives nationwide was also noted with approval.

Conclusion

Recording that the State had complied with multiple directives and continued to undertake further measures to realise the objectives of the PoSH Act, the Court disposed of the writ petitions.

The Bench directed the Chief Secretary to circulate the order to the Secretaries of all concerned departments for ongoing implementation, while noting that connected miscellaneous petitions stood closed.

Cause Title: SRLC v. State

Appearances

Amicus Curiae: Mrs. V. Nirmala Rani

Petitioners: Advocates Niranjan S. Kumar; K. Vamanan

Respondents: Ajmal Khan, Additional Advocate General, assisted by Aswini Devi K., AGP; V. Chandrasekaran, SPC/CGSC; J.R. Annie Abinaya, GA; S. Rajakumar, APP

Click here to read/download Judgment