NEW DELHI: Supreme Court Friday sought Union govt’s response on a PIL alleging that members of internal complaints committee (ICC) face vindictive action if they rule against the top brass of a private company while deciding a complaint of sexual harassment at workplace.
To discharge their duties freely to provide a safe environment for women employees in a private company, ICC members must be accorded protection from harassment and job security to decide sexual harassment complaints without fear & favour, Mumbai-based petitioners Janaki Chaudhry and Olga Tellis said.
A bench of Justices Surya Kant and Ujjal Bhuyan issued notices to women and child development ministry, corporate affairs ministry and National Commission for Women and sought responses in four weeks.
Parliament had enacted Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in 2013, nearly 16 years after SC laid down guidelines and provided for ICCs to inquire into complaints of sexual harassment of women at workplace. Chaudhry informed the bench that as a former corporate executive and head of prevention of sexual harassment committee, she had “first-hand experience of unreasonable and biased behaviour that may be meted out to a member of ICC”.
“During her tenure as an ICC member, she realised the hardships and challenges that were faced by her and her colleagues (in ICC) who shouldered the responsibilities of protecting the rights of those wronged (through sexual harassment) but unfortunately, they ( ICC members) were given no right of protection against arbitrary behaviour (from management),” the petition said.
“Lack of adequate protection for ICC members raises concerns about effectiveness & fairness of complaint resolution process, contributing to a culture of fear and reluctance to address sexual harassment in organisations,” it added.
“If they take a decision that goes against the will of senior management, they are susceptible to victimisation and retaliation, such as unfair termination and demotion,” the petition said, arguing that ICC members in private companies must be treated akin to judges and their decisions in sexual harassment complaints should never be permitted to be the trigger for management to take vindictive action.