SHe-BOX Portal Compliance Guide: Role of Nodal Officer, Legal Mandate & FAQs

A significant directive from the Ministry of Women and Child Development, bolstered by a Supreme Court judgment, now mandates all organisations with ten or more employees to appoint a Nodal Officer for the SHe-BOX (Sexual Harassment electronic Box) portal. This move aims to strengthen the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act.

The requirement for appointing a Nodal Officer gained momentum following the Supreme Court's ruling in the case of Aureliano Fernandes Vs State of Goa & Ors. and the subsequent relaunch of an enhanced SHe-BOX portal on August 29, 2024. Various regulatory bodies and government departments have since issued circulars, setting firm deadlines for compliance, making the appointment of a Nodal Officer a critical and time-sensitive obligation for employers across India.

Why the urgent need for a Nodal Officer?

The appointment of a Nodal Officer is pivotal for the effective functioning and management of the SHe-BOX portal at the organisational level. This designated official acts as a crucial bridge between the employer, the Internal Committee (IC) or Local Committee (LC), and the complainant. Their primary role is to ensure the seamless flow of information and timely action on complaints of sexual harassment, thereby fostering a transparent and accountable environment.

The Nodal Officer is instrumental in upholding statutory compliance under the PoSH Act and significantly contributes to enhancing the organisation's reputation as a safe and respectful workplace.

Who should appoint a Nodal Officer?

The directive applies to a wide spectrum of organisations, encompassing:

• All private sector companies and entities.

• All public sector undertakings (PSUs) and government departments.

• Any organisation, regardless of its structure, that employs ten or more individuals.

Key Responsibilities of a Nodal Officer on the SHe-Box Portal

The responsibilities of the Nodal Officer are clearly defined to ensure the smooth functioning of the SHe-BOX system:

1. Regular Updates: The Nodal Officer is tasked with the crucial responsibility of entering and regularly updating the details of the organisation's Internal Committee (IC) and, where applicable, the Local Committee (LC) on the SHe-BOX portal. This ensures that the information available on the central portal is always current and accurate.

2. Complaint Management: A primary function of the Nodal Officer is to track the status of complaints filed through the SHe-BOX portal. This involves ensuring that complaints are promptly forwarded to the IC/LC and that the investigation process adheres to the timelines stipulated in the Sexual Harassment Act.

3. Annual Reports: To ensure compliance under the PoSH Act, the Nodal Officer is required to update the portal with the annual report. This report includes vital statistics such as the number of cases filed, the actions taken by the organisation, and the current status of all complaints. The SHe-BOX portal facilitates the digital submission of this report directly to the respective District Officer, streamlining the compliance process.

4. Awareness and Training: The Nodal Officer must also update the portal with information regarding sensitisation workshops and training sessions conducted for both employees and IC members. This helps in promoting awareness about the PoSH Act and the functionalities of the SHe-BOX portal, fostering a preventative and proactive approach to tackling workplace sexual harassment.

The mandatory appointment of a Nodal Officer for the SHe-BOX portal is a significant step towards creating safer and more accountable workplaces across India. Organisations are urged to act swiftly to nominate a suitable individual for this role and ensure full compliance with this crucial legal requirement.

Nodal Officer vs. Internal Committee (IC)

A crucial point of clarification is the distinction between the Nodal Officer and the Internal Committee.

• Distinct Roles: The Nodal Officer's role is primarily administrative and facilitative, focused on the SHe-BOX portal. They ensure the organization's presence and updated information on the portal. The Internal Committee, on the other hand, is a quasi-judicial body responsible for the actual investigation, conciliation, and redressal of sexual harassment complaints as mandated by the PoSH Act.

  
  

• Working Relationship: The Nodal Officer acts as the conduit for complaints received through the SHe-BOX portal, ensuring they are promptly forwarded to the IC. The Nodal Officer then tracks and reports the status of these complaints on the portal as updated by the IC. They do not participate in the inquiry process itself.

Can an External Consultant be a Nodal Officer?

Organisations often wonder if they can outsource this role.

• Internal Role Preferred: The guidelines and registration process for the SHe-BOX portal strongly imply that the Nodal Officer should be an internal employee of the organisation (e.g., HR Manager, Compliance Officer). This is because the role requires access to internal systems and a clear line of communication with the management and the IC. There is no provision that explicitly allows for an external consultant to be appointed as the Nodal Officer for SHe-BOX portal compliance.

The Registration Process on the SHe-BOX Portal

Practical steps for registration are as follows:

• Step-by-Step Guide: The process involves visiting the official SHe-BOX website https://shebox.wcd.gov.in/, selecting "Workplace/Nodal Officer Registration," and filling out a detailed form. This form requires information about the organisation (Head Office), including its name, address, and registration details (like GST number or PAN).

  
  

• Nodal Officer Details: The form will specifically ask for the Nodal Officer's full name, designation, official mobile number, and email address. An OTP verification is typically sent to the Nodal Officer's email to confirm the details.

  
  

• Approval Process: Once submitted, the registration request is reviewed by the respective District Nodal Officer (DNO). Upon approval, the Nodal Officer receives login credentials via email, enabling them to access the dashboard and manage the organisation's SHe-BOX compliance.

Challenges and Best Practices for Support

Understanding the potential challenges can help organisations better support their Nodal Officers.

• Potential Challenges:

  
  

  1. Lack of awareness within the organisation about the SHe-BOX portal.

  2. Keeping up-to-date with any changes in the PoSH Act or the portal's functionalities.

  3. Ensuring timely updates from the Internal Committee for reporting purposes.

     
     

• Organisational Support is Key: To empower the Nodal Officer, organisations should:

  
  

  1. Provide Comprehensive Training: Ensure the Nodal Officer is well-trained on the PoSH Act and the SHe-BOX portal's operations.

  2. Grant Necessary Authority: The Nodal Officer should have the authority to coordinate with the IC and access the required information.

  3. Foster a Culture of Compliance: Leadership support is crucial in emphasising the importance of PoSH compliance throughout the organisation.

  4. Provide Resources: This includes access to legal counsel or PoSH experts if needed.

  
  

By understanding these additional aspects, organisations and the appointed individuals can navigate the responsibilities of a Nodal Officer more effectively, ensuring robust compliance with the PoSH Act and contributing to a safer workplace environment.