Madras HC Applauds Tamil Nadu for Model Statewide PoSH Compliance and Gender Audit Reforms [Read Order]

Chennai: The Madras High Court has disposed of three writ petitions concerning workplace sexual harassment after recording extensive compliance by the Tamil Nadu Government with its earlier directions for implementation of the Prevention of Sexual Harassment (PoSH) Act, 2013 across the state.

Justice Dr. R.N. Manjula, delivering the order on November 19, 2025, commended the State Government’s commitment in establishing institutional mechanisms ranging from Gender Audit Squads to digital IC Portals to prevent sexual harassment against women in all workplaces.

The court addressed W.P.(MD) Nos. 13981, 9747 and 12601 of 2024, which had prompted detailed directions in November 2024 for implementing workplace safety measures for women.

Commending the State’s efforts, the court observed:
“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 the Advocate General and Additional Advocate Generals at Madurai, along with the Public Prosecutor and various State departments, have shown tremendous interest to ensure that many of the directions are complied with, thereby showing the State of Tamil Nadu as a model for other States to follow.”

Regarding institutional infrastructure, the court recorded significant progress, stating:
“22,044 Internal Committees have been formed in Government establishments and 34,907 in private establishments, making a total of 56,951. The details of 41,103 Internal Committees (ICs) have been uploaded on the TN PoSH Portal in compliance with the order, and the complete uploading is nearing completion.”

The court noted the comprehensive Labour Department survey:
“The Commissionerate of Labour stated that it had surveyed a total of 1,84,072 establishments. Among these, 20,069 establishments have more than ten employees. Internal Complaints Committees have been constituted in 6,196 establishments, while 13,873 establishments are in the process of constituting such Committees.”

Regarding the appointment of nodal officers, the court recorded that District Officers have designated 2,981 Nodal Officers across blocks, taluks, and tehsils in both rural and urban areas—spanning 94 revenue divisions, 299 taluks, 382 blocks, 66 corporation zones, 1,605 wards, 144 municipalities, and 391 town panchayats.

On inspection mechanisms, the court noted:
“By issuing G.O.(Ms). No.65, Social Welfare and Women Empowerment Department, dated 18.06.2025, the Government has directed all Administrative Departments and Heads of Department to authorize designated officers within their respective jurisdictions to inspect workplaces for compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.”

The court highlighted proposals under the SHENERGY framework, recording submissions made to the Special Programme Implementation Department under the SHENERGY (Safety and Human Empowerment through Regulatory Governance and Energy) framework of the TN We-SAFE Project. These include strengthening the 181 Women Helpline, software improvements to the IC Portal, establishment of Gender Audit Squads across 39 districts, and expansion of the Industry Coalition Project.

Regarding recruitment reforms, the court recorded:
“Tamil Nadu Public Service Commission (TNPSC): The General Studies syllabus for competitive examinations has been revised to include gender sensitization. The revised syllabus has been published and will be followed in future examinations.”
Similar measures were adopted by the Tamil Nadu Uniformed Services Recruitment Board, Medical Recruitment Board, and Teacher Recruitment Board.

The court noted innovative departmental suggestions, including installing panic buttons in buses, adopting modular office formats with glass walls and CCTV, and mandating certified gender-sensitization training during induction and annual refreshers for all staff.

On Gender Audit Squads, the court recorded:
“A Government Order has been issued under G.O.(D). No.260, Finance (OP-M) Department, dated 22.04.2025, to form Gender Sensitivity Audit Squads to inspect workplaces, assess employee behaviour using a customised tool, and recommend action where sensitivity falls below the required level.”

Regarding educational curriculum, the court noted that the Tamil Nadu State Council for Higher Education has constituted a Health and Wellness Curriculum Committee comprising experts from diverse medical and social-science backgrounds. The Committee is developing a comprehensive curriculum addressing physical, mental, and sexual health and well-being of students.

The curriculum includes topics on Sexual and Reproductive Health—covering puberty, fertility, sexual health, consent, safe practices, preventing sexual abuse, contraceptive methods, pregnancy, and abortion. A specific chapter is dedicated to gender inclusivity and awareness.

Acknowledging the State’s balanced approach, the court observed:
“Though the State agencies appear to be keen in taking serious actions within the rules when a complaint of sexual harassment is made, it appears that the State believes in a persuasive approach to ensure gender sensitivity in workplaces and that a coercive approach is not needed.”

In its philosophical remarks, the court noted:
“Each legislative enactment brought to prevent violence against women is not just a response but an unspoken vow that the State will not tolerate indifference in achieving women’s equality.”

The court commended all stakeholders, stating:
“As certain steps now taken by the State Government are novel and result-oriented, I place my special appreciation on all stakeholders. The role of the State Women Commission in assisting the Government with draft rules is also no less significant.”

The court also recorded the Union of India’s position, noting that the Senior Panel Counsel submitted that the Union is “keenly watching the proactive steps taken by the State of Tamil Nadu” and is “equally committed to taking similar actions.”

The court appreciated “the courage and public spirit” of the petitioners who consented to the use of their names without redaction.

The court disposed of all three writ petitions, directing:
“The Chief Secretary, Government of Tamil Nadu, is directed to circulate a copy of this order to the Secretaries of the Departments concerned,”
concluding with the remark:
“No sunset is hopeless, as it brings rise the next day!”

Mrs. V. Nirmala Rani appeared as Amicus Curiae, while Mr. Niranjan S. Kumar appeared for two petitioners and Mr. K. Vamanan appeared for the third petitioner.

[Read Order]