Missing link: How the absence of Nodal Officers under the POSH Act centralises justice for Delhi’s domestic workers

Author’s note: Women domestic workers in India form part of the “unorganised sector,” keeping them out of the various benefits and securities that the workers in the “organised sector” have access to. However, the POSH Act is an exception, as it includes women domestic workers in its ambit and provides a redressal mechanism for them. The Act provides for the creation of Local Committees (‘LCs’) at the district level for the prevention and redressal of complaints of sexual harassment. To ensure that the redressal mechanism is accessible, it calls for designating Nodal Officers at the municipality/ward level to receive complaints of sexual harassment. These Nodal Officers are meant to bridge the gap between workers in the unorganised sector and LCs by decentralising the complaint-filing system. However, their appointment at the district level in Delhi has hindered decentralisation, making justice inaccessible to many such working women..“HOW CAN WOMEN LIKE US ACCESS JUSTICE under the POSH Act when the Local Committee sits 20 kilometres away, and the Nodal Officers, who should be in every ward, are also stationed there?” asks Meena, a domestic worker from Gopalpur Basti in North Delhi. At a community meeting, Meena questioned the system of filing complaints under the POSH Act. She cannot afford to lose a day's wage or pay for transportation just to file a complaint. Like Meena, many other domestic workers have questioned the POSH Act, which promised protection, but whose implementation has made justice seem like a costly, faraway, and inaccessible dream. Taking matters into their hands, these women domestic workers have organised a campaign to advocate for the appointment of Nodal Officers in every ward/municipality. Bridging the gap between LCs and women domestic workersThe POSH Act has been in force for over a decade now. Drawing inspiration from the Constitution of India and the Convention on Elimination of All Forms of Discrimination (‘CEDAW’), to which India is a signatory, the law aims to provide a safe, secure and enabling environment to every woman employee. It puts this responsibility on the employer, and lays down a statutory redressal mechanism. To make it inclusive of women working in the unorganised sector, the law takes a broad definition of “workplace” to include dwelling places or a house, and “workers” to include women domestic workers in its ambit..Taking matters into their hands, these women domestic workers have organised a campaign to advocate for the appointment of Nodal Officers in every ward/municipality. .The law operationalises the spirit of safe workplaces, particularly for women working in the unorganised sector, through the following institutional mechanisms: Constitution of LCs in every district to receive complaints of sexual harassment.Designation of Nodal Officers to receive complaints and forward the same to the LCs. While the LCs are meant to act as an institution to prevent and redress complaints of sexual harassment, the Nodal Officers aim to decentralise the redressal mechanism system to ensure easier access to justice, particularly for women domestic workers, who otherwise face significant barriers to filing complaints, such as the loss of daily wage and incurred travel expenses. The appointment of Nodal Officers, thus, is critical, as they act as a bridge between women domestic workers and LCs, being a first point of contact between workers and the LCs, especially in cases where the LCs are situated far away from workers and their place of work. .Bombay HC’s ruling that POSH does not apply to women advocates shows independence of legal profession should not become loophole.However, the ground reality is that this crucial bridge is broken. An analysis of data sourced through Right To Information (‘RTI’) applications filed by Martha Farrell Foundation, a non-profit organisation based out of Delhi, to Delhi’s eleven districts revealed that in eight districts*, Sub-Divisional Magistrates (‘SDMs’) have been designated as Nodal Officers, while in the remaining three districts**, either Administrative Department Officers or Tehsildars hold the position. In contrast, in Punjab, Nodal Officers have been designated at both the district and block levels in all districts, and in Uttar Pradesh, a few districts have designated Nodal Officers at both levels. The appointment of a single Nodal Officer in Delhi for each district or zone (in case a district has multiple zones) centralises the complaint-filing system, thus defeating the objective of the POSH Act to make LCs more accessible to women working in the unorganised sector. This inaccessibility is reinforced by a lack of information, including the name and contact information, about the Nodal Officers. The Supreme Court’s observationsThe Supreme Court has repeatedly highlighted the poor implementation of the POSH Act. In Aureliano Fernandes v. State of Goa (2023), the Court observed that there were serious lapses in the enforcement of the Act, even after a decade of its implementation. It further said that women were reluctant to report cases of sexual harassment as there is uncertainty about whom to approach under the Act for redressal of their grievance. .The POSH Act is one of the few national laws that explicitly recognises the labour of women domestic workers, offering them an institutional mechanism for redressal..Reinforcing this, in Initiatives for Inclusion Foundation v. Union of India (2023), the Court directed District Officers to appoint Nodal Officers in every ward or municipality, in line with the POSH Act, and upload a district-wise chart of their contact details on the district’s website.However, none of Delhi’s eleven districts have complied with this directive, leaving the complaint-filing process inaccessible for women working in the unorganised sector, particularly women domestic workers.Way forwardEvery day, millions of women domestic workers in Delhi leave their homes to earn a living, often as co-earners or even sole earners for their families. For them, domestic work is not merely an extension of household responsibilities - it is their livelihood. However, their work takes place in private homes, where they are isolated, lack written contracts, minimum wages, and social security, making them highly vulnerable to exploitation, sexual harassment, and violence. The POSH Act is one of the few national laws that explicitly recognises the labour of women domestic workers, offering them an institutional mechanism for redressal. Yet, its effectiveness is undermined by poor implementation, lack of awareness, and the absence of a decentralised complaint-filing system. As Meena and countless other domestic workers wait for justice, it is imperative that the authorities ensure that the system promised by the law is truly accessible. Otherwise, the bridge that was meant to connect them to justice will remain broken, leaving them stranded in a cycle of vulnerability and silence..Note:*North, South, East, South-East, South-West, Shahdara, Central Delhi and New Delhi.**North-East, West and North-West Delhi

Missing link: How the absence of Nodal Officers under the POSH Act centralises justice for Delhi’s domestic workers

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