The Supreme Court of India emphasized job security for Internal Complaints Committee (ICC) members under the PoSH Act during a hearing on January 24. The petitioners highlighted disparities in tenure protection between public and private sectors, with private ICC members vulnerable to unjust termination. The court has summoned the Solicitor General for further proceedings.
New Delhi: In a hearing on Friday (Jan 24th), the Supreme Court of India emphasized the importance of job security for members of Internal Complaints Committees (ICC) formed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act). The bench, comprising Justices Surya Kant and N Kotiswar Singh, sought the assistance of the Solicitor General of India after noting that the Central government had not responded to earlier notices.
“This is an important cause which has been raised in the matter. We would like to examine it,”
observed the bench, directing the petitioners’ counsel to serve a copy of the petition to the Solicitor General. It further warned that if no one appeared on behalf of the government in the next hearing, the court would appoint an amicus curiae to assist the case.
The petitioners, Janaki Chaudhry, a former ICC member, and Olga Tellis, a former journalist, raised concerns about the lack of security of tenure and protection from retaliation for ICC members in private workplaces. Filed through advocate Munawwar Naseem, the Public Interest Litigation (PIL) pointed out disparities between ICC members in the public and private sectors.
The petitioners argued that while ICC members in the public sector enjoy legal protection and tenure security, their counterparts in private companies often face termination without justification.
“This creates a serious conflict of interest and constraints for ICC members from taking free, fair, and impartial decisions. If they rule against senior management, they are vulnerable to victimisation and retaliation, such as unfair termination or demotion,”
the PIL noted.
The petition highlighted the “hire and fire” rule in private companies, which leaves ICC members particularly susceptible. In cases where their decisions displease senior management, they risk losing their positions without due process.
“Private sector ICC members have no recourse to the principles of natural justice, nor can they challenge their dismissal (on account of decisions taken by them) in an appropriate forum,”
the PIL added. It argued that the current system creates a “master-servant relationship”, allowing companies to terminate ICC members with just three months’ severance pay, leaving no room for independent or impartial adjudication of complaints.
The court had earlier issued notices to the Ministry of Women and Child Development in December 2024. It has now scheduled the next hearing for next week, where the Solicitor General is expected to assist the court.
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