Need Safeguards For Members Of Internal Complaint Committees; PIL Before Bombay HC Seeks Changes To The POSH Act

OVERVIEW

• Lawyer Abha Singh and Janaki Chaudhary, a social worker seeking changes to the Sexual Harassment of Women at Workplace under Prevention, Prohibition and Redressal Act, 2013 filed a public interest litigation before the Bombay High Court.

• Petitioners oppose that they have encountered 'various deficiencies' in functioning of the mentioned act which defeat its basic objectives.

• The Act was passed in 2013 with the aim to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith.

• The offence of the sexual harassment in wider terms and mandatory constitution of Internal Complaints Committees by Companies and Local Complaints Committees by the State has been stated under the said Act.

• These Committees are conferred with the power of civil courts, and are obligated under the law to conduct a free and fair inquiry into the alleged incident and to later give an unbiassed recommendation to the employer.

ISSUES HIGHIGHTED

• First issue highlighted says that Members of such committees, who are parallel to judges have not been provided with any safeguards, which will enable them to act without fear and favour.

• Which will later create a highly unjust and immoral situation for Internal Complaints Committees (ICC) members as well as the parties to the case. This acts as a barrier to holistically address the issue of sexual harassment.

• Additionally, it was further submitted that the Members of the ICC have been asked to handle the statutory duty of adjudicating sexual harassment complaints while being on the payroll of the company and can be terminated with 3 months pay as there is no legal obligation on the private sector to follow the principles of natural justice and this too pressures ICC members from taking free, fair and unbiassed decisions.

• According to the petitioners, such issues act as barriers in addressing the serious issue of sexual harassment and are antithetical to the orders of the Supreme Court in Vishaka vs. State of Rajasthan.

DEMANDS OF PETITIONER(SLIDE 4, HEADING ON TOP)

• Eventually, PIL states that the present law risks of arbitrary transfers, termination, victimisation in unrelated areas of work etc. are very highby ICC members with the senior management of the company

• It was ultimately prayed to the Hon’ble High Court to declare that the service conditions of ICC members should be protected by the principles of natural justice and pass guidelines regarding same.

• As the ICC members are on the payroll of the company and may have to take decisions against their seniors, this creates a precarious situation for ICC Members as well as for women members at the workplace.

• Thus, petitioners have sought guidelines to be framed by the High Court in order to ensure safeguards for POSH officers.

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