POSH Committees in Practice: Aureliano Fernandes and After

A decade after the POSH Act came into force, the Supreme Court found that many committees had not been constituted at all, and many that existed did not follow the Act and Rules. In Aureliano Fernandes v State of Goa (2023), it set aside a dismissal for procedural lapses by the committee and issued directions for nationwide compliance. In continuing proceedings it has since fixed deadlines for District Officers, Local Committees and Internal Committees. This note covers the judgment and the later orders.

1. Aureliano Fernandes v State of Goa (2023)

Figure 1: The judgment of 12 May 2023

• Bench. Justices A.S. Bopanna and Hima Kohli; judgment by Justice Hima Kohli.
• Facts. A senior teacher at Goa University was dismissed on the basis of a report of the complaints committee constituted under the POSH Act; the High Court upheld the dismissal.
• Holding. The committee's procedure fell short of the standard that the Rules be followed 'as far as practicable', and its discretion was exercised in a manner defying the principles of natural justice. The High Court judgment and the termination orders were set aside.
• Significance. The decision emphasises that a POSH inquiry, though not a criminal trial, must be fair to both sides; a defective procedure can undo an otherwise well-founded complaint (Topic 12)

Figure 2: Directions issued in 2023

2. Continuing Proceedings

Figure 3: Later orders

• 3 December 2024. A bench of Justices B.V. Nagarathna and N. Kotiswar Singh directed every State and UT to appoint District Officers by 31 December 2024, and District Officers to constitute Local Committees by 31 January 2025, appoint nodal officers, and ensure Internal Committees in all government departments and public sector undertakings, with local SHe-Box portals and surveys of compliance by private and public organisations.
• 12 August 2025. Justices B.V. Nagarathna and K.V. Viswanathan directed a district-wise survey, with the help of the Labour Department, to identify organisations that had constituted Internal Committees, within six weeks, with data to be uploaded on the SHe-Box platform.
• SHe-Box. The Sexual Harassment electronic Box is an online portal of the Ministry of Women and Child Development through which complaints can be lodged and routed to the relevant committee.

3. Frequently Asked Questions

Why did the Supreme Court set aside the dismissal in Aureliano Fernandes?

Because the complaints committee's proceedings were rushed and fell short of the requirement to follow the Rules as far as practicable, in a manner contrary to natural justice. The Court set aside the High Court's judgment and the termination orders.

What deadlines did the Supreme Court set in December 2024?

It directed all States and Union Territories to appoint District Officers by 31 December 2024, and District Officers to constitute Local Committees by 31 January 2025, along with nodal officers, committees in government departments and PSUs, and SHe-Box portals.

4. Related Topics

• Topic 12: Principles of Natural Justice in POSH Inquiries. What a fair inquiry requires.
• Topic 27: Leading Cases on Sexual Harassment at Workplace. All cases together.