New Delhi, Dec 6 (UNI) The Supreme Court on Friday issued notice to the Union Government on a Public Interest Litigation (PIL) seeking protection for members of Internal Complaints Committees (ICCs) in private companies.
A two-judge Bench comprising Justice Surya Kant and Justice Ujjal Bhuyan issued notice to the Ministry of Women and Child Development, the Ministry of Corporate Affairs and the National Commission for Women seeking their reply on a plea to Declare private sector ICC members under PoSH Act as public servants.
The PIL was filed through Advocate Abha Singh that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 mandates the constitution of an ICC at every workplace with more than ten workers.
These committees constituted under the PoSH Act, handle sensitive complaints of workplace sexual harassment but face a lack of safeguards against retaliatory and arbitrary actions for their decisions.
Unlike their counterparts in the public sector, private-sector ICC members face the risk of retaliation, such as unfair termination or demotion, for decisions that may not align with the company’s interests.
Public-sector ICC members enjoy fixed tenures and other protections, ensuring their independence, while no similar safeguards exist for private-sector members.
This disparity, the plea contends, violates the right to equality under Article 14 of the Constitution.
ICC members possess quasi-judicial powers, including summoning individuals and requiring document production, but lack the requisite independence to perform their duties without fear or favour.
The petition sought the declaration of ICC members in private companies as “public servants” to secure their service conditions and ensure parity with public-sector ICC members.
The petition among other things sought the establishment of a commission to review the deficiencies in the PoSH Act regarding ICC member protections.
Creation of an external grievance redressal mechanism for ICC members to address undue harassment or retaliation during their tenure.
Right to Safe Environment: ICC members, tasked with ensuring workplace safety, must themselves be assured a secure and impartial work environment.
The petitioner said that the discrepancy between public and private sector protections violates Article 21 (right to life and personal liberty) and Article 19(1)(g) (right to practice any profession).
The petitioners had earlier approached the Bombay High Court in April 2022 but withdrew after the Court indicated it lacked jurisdiction to grant the requested reliefs.
Subsequently, they filed a writ petition in the Supreme Court, which directed them to present their grievances to the relevant authorities.
However, despite assurances from the Ministry of Women and Child Development to form a review committee, no action was taken.
The PIL aims to ensure that ICCs can function independently, free from undue influence, thereby upholding the objectives of the PoSH Act to provide a safe and equitable workplace for all.
UNI/SNG GNK