Non-constitution of internal committee under POSH Act violation of Indian laws

Background

• The complainant was working for Srilankan airlines at New Delhi. In 2009, the accused's local manager misbehaved and sexually harassed the complainant by calling her to his office.

• The complainant reported the entire incident to the Regional Manager.

• It was also alleged that the airlines kept saying that appropriate action would be taken against the manager but they deliberately kept delaying the inquiry and the complainant continued to face sexual harassment.

• At the request of National Commission for Women, the police conducted an inquiry and an FIR was lodged against the accused manager who was later found guilty of outraging the modesty of the complainant by the court.

• In 2015, the complainant had filed a case separately against the Airlines also alleging that the company did not have an internal complaint committee as per Section 4 (Constitution of Internal Complaints Committee) of the Sexual Harassment for Women at work place (Prevention, Prohibition and Redressal Act) 2013 (POSH Act) therefore, violating the Indian law.

• The department of Women and Child has also informed the Hon'ble Delhi High Court that the company did not have an internal complaint committee in 2014 as per POSH Act.

• The airlines however contended that another committee in conformity with the POSH Act had been constituted under its existing Special Policy Against Harassment.

Court's judgement

• The court held that the airlines did not had an internal committee as per Section 4 of the POSH act on 11/11/2014 and it also did not have any permanent committee in terms of Vishakha guidelines.

• The court further observed that the company had its own committee as per their SPASH policy but this policy is not in compliance with Section 4 of POSH Act.

• The court held that the company is liable under the POSH Act and observed that, “Even the respondent in his statement u/s 313 Cr.P.C. has submitted that the company had a committee as per their SPASH policy. This policy is not in compliance with Section 4 (1) of Sexual Harassment of Women (Prevention Prohibition and Redressal Act) 2013. Section 4 (1) of the Act mandates that every employer of a workplace shall, by an order in writing, constitute a Committee to be known as the 'Internal Complaints Committee'. The violation of this law is a punishable offence under Section 26 of the Act with a fine of Rs 50,000.”

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