Sexual Harassment at Workplace - Internal Complaints Committee has jurisdiction even if an employee of a different department.

Supreme Court Upholds ICC Jurisdiction Across Departments in Workplace Sexual Harassment Cases Landmark Judgment Clarifies Scope of Internal Complaints Committee Under POSH Act

The Supreme Court of India has affirmed that Internal Complaints Committees (ICC) constituted at the workplace of an aggrieved woman hold the jurisdiction to entertain sexual harassment complaints, even when the respondent is employed in a different department. The judgment, delivered by a bench comprising Justices J.K. Maheshwari and Vijay Bishnoi, resolves a contentious jurisdictional issue under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act.

The court was hearing a case involving Dr. Sohail Malik, an Indian Revenue Service officer, who challenged the jurisdiction of the ICC at the Department of Food and Public Distribution, where the aggrieved woman was employed, to conduct an inquiry against him. Dr. Malik contended that since he was employed in a different department, the ICC at his workplace should handle the complaint. However, the Supreme Court disagreed, stating that such an interpretation would defeat the purpose of the POSH Act, which aims to provide a safe working environment for women across workplaces.

The judgment elaborates on the interpretation of Section 11 of the POSH Act, clarifying that the phrase "where the respondent is an employee" is procedural rather than jurisdictional. The court emphasized that the ICC at the aggrieved woman's workplace could conduct a preliminary inquiry and forward its findings to the respondent's employer for necessary action. This two-stage process ensures that complaints are addressed effectively while allowing the respondent's employer to initiate disciplinary proceedings based on the ICC's findings.

The court's decision underscores the expansive definition of "workplace" under the POSH Act, which includes any location visited by an employee in the course of employment. This broad interpretation is intended to prevent procedural barriers for aggrieved women and to uphold the Act's social welfare objectives.

This ruling is expected to have significant implications for workplace sexual harassment cases across India, ensuring that women can seek redressal in a more accessible and supportive environment. The Supreme Court's decision reinforces the responsibilities of employers to cooperate with ICCs in different departments, thereby enhancing the efficacy of the POSH Act in protecting women's rights in the workplace.

Bottom Line:

Sexual Harassment at Workplace - Internal Complaints Committee (ICC) constituted at the workplace of the aggrieved woman has the jurisdiction to entertain complaints under the POSH Act, 2013, even if the respondent is an employee of a different department.

Statutory provisions: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Sections 2(f), 2(g), 2(m), 2(o), 3, 9, 11, 13, 19; Indian Penal Code - Sections 354, 354D, 506, 509; Information Technology Act, 2000 - Section 67

Dr. Sohail Malik v. Union of India, (SC) : Law Finder Doc Id # 2820276