POSH ACT

NEWS

• The Supreme Court has clarified that an Internal Complaints Committee (ICC) of one department can hear a POSH Act complaint against an employee of another department.
• This widens the scope of redressal and prevents procedural barriers for women facing workplace sexual harassment.

HIGHLIGHTS

Key Observations of the Supreme Court

a) Interpretation of Section 11

• The phrase “where the respondent is an employee” cannot mean the ICC must be from the respondent’s workplace.
• A restrictive view would undermine the POSH Act’s social-welfare purpose.

b) Avoiding ‘Alien Workplaces’

• Forcing an aggrieved woman to appear before the ICC at the respondent’s workplace creates:
  • Psychological discomfort
  • Procedural hurdles
  • Intimidating or unsafe environments

c) Mandatory Inter-Departmental Cooperation

• If the complainant’s ICC is conducting inquiry, the accused’s employer must cooperate under Section 19(f).
• This includes providing documents and assistance promptly.

CASE BACKGROUND

• A 2010-batch IRS officer challenged a notice issued by the ICC of another department.
• A 2004-batch IAS officer accused him of sexual harassment at her workplace (15 May 2023).
• The complaint was filed before her department’s ICC.
• The officer’s challenge was rejected by the CAT and later upheld by the Delhi High Court, leading to the present SC ruling.

BROADER CONTEXT: POSH ACT IMPLEMENTATION CHALLENGES

• The POSH Act (2013) mandates ICCs in establishments with 10+ employees and Local Committees for the unorganised sector.
• Supreme Court has previously flagged serious lapses in forming ICCs across government bodies.
• Issues include underreporting, poor awareness, lack of external members, and weak accountability mechanisms.

SIGNIFICANCE FOR GOVERNANCE & ADMINISTRATION

• Strengthens victim-centric justice within government systems.
• Reinforces harmonised functioning across departments and enhances institutional compliance.
• Encourages safer workplaces, transparency, and efficient grievance redressal