In a pivotal move, the Supreme Court has taken notice of a public interest litigation (PIL) highlighting the precarious position of Internal Complaints Committee (ICC) members in private sector workplaces. Tasked with addressing allegations of sexual harassment, these members often face retaliatory actions, including arbitrary terminations, for decisions made during their inquiries.
The Division Bench, comprising Justices Surya Kant and Ujjal Bhuyan, has sought responses from the Union Government, the Ministry of Women and Child Development, the Ministry of Corporate Affairs, and the National Commission for Women. The petition urges the court to mandate stronger safeguards, akin to those provided in the public sector, to ensure ICC members can perform their duties without fear of reprisal.
Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, workplaces with more than ten employees are required to establish an ICC. While public sector workplaces grant committee members fixed tenures and protections against arbitrary actions, the private sector remains largely unregulated in this regard, leaving many ICC members vulnerable to employer-driven retaliation.
This PIL spotlights the critical need for parity in protections across sectors, arguing that safeguarding ICC members is essential to upholding the integrity and effectiveness of workplace harassment investigations. The court’s decision on this matter could redefine the responsibilities of private sector employers under the 2013 Act.
The case now awaits further deliberation, potentially paving the way for landmark reforms in the fight against workplace harassment.
