This Public Interest Litigation (PIL) highlights that unlike their counterparts in the public sector, private ICC members lack safeguards like fixed tenures and protection from arbitrary termination.
NEW DELHI: The Supreme Court today (6th Dec) issued a notice to the Union Government regarding a petition seeking protections for Internal Complaints Committee (ICC) members in private companies against arbitrary and retaliatory actions stemming from their decisions while handling workplace sexual harassment complaints.
This Public Interest Litigation (PIL) highlights that unlike their counterparts in the public sector, private ICC members lack safeguards like fixed tenures and protection from arbitrary termination.
Petitioners argue that this “arbitrary classification” violates the equality guarantee under Article 14 of the Constitution.
A Bench comprising Justices Surya Kant and Ujjal Bhuyan directed notices to the Ministry of Women and Child Development, the Ministry of Corporate Affairs, and the National Commission for Women. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 mandates ICCs in workplaces with more than ten employees.
Petitioners, represented by Advocate Abha Singh, emphasized that ICC members, empowered with Civil Court-like powers under Section 11(3) of the Act, often face retaliation from senior management when decisions go against the latter, exposing them to risks like termination or demotion.
The petition highlights that while the Act ensures a safe environment for victims, it overlooks protections for ICC members, leaving them vulnerable to undue pressure or harassment from senior officials. Petitioners contend this violates Article 21’s implied right to a safe working environment and Article 19(1)(g), which protects the freedom to practice one’s profession.
The Petitioners, Janaki Chaudhry, a former corporate executive, and Olga Tellis, a retired journalist, argue that the lack of safeguards undermines ICC members’ ability to act independently and impartially.
The petition calls for a Writ of Mandamus directing the Ministry of Women and Child Development to ensure ICC members’ service conditions are protected, declare them as public servants, establish an external grievance redressal committee, and form a commission to review the Act. It notes that despite assurances from the Ministry in 2023 to address these concerns, no concrete action has been taken.
This petition, drafted by Advocates Munawwar Naseem and Abha Singh, follows an earlier PIL filed in the Bombay High Court in 2022, which was withdrawn due to jurisdictional issues.
Case Title: Janaki Chaudhry & Anr. v. Ministry of Women And Child Development & Ors.
