TOPPLING THE SCALES TO WORKPLACE JUSTICE - A SUPREME COURT INSIGHT
In a landmark decision that lays bare the silent battles waged in corporate backrooms, the Hon’ble Supreme Court of India, on December 7, 2024, delivered a seismic wake-up call. It took cognizance of a pivotal Public Interest Litigation (PIL) under W.P. (C) No. 000796/2024, exposing the systemic vulnerabilities faced by Internal Complaints Committee (ICC) members in private workplaces. For HR professionals and ICC members, this case is nothing short of a lifeline—a clarion call to rally behind the protectors of workplace dignity. This legal battle, spearheaded by Janaki Chaudhary, a former ICC member, and Olga Tellis, a fearless journalist, challenges the glaring inadequacies of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). Their courage is a resounding demand for justice, shining a spotlight on the need to shield ICC members from legal attacks and ruthless retaliation.
The POSH Act was created to champion workplace equity by mandating ICCs to address sexual harassment complaints. Yet, it leaves ICC members in private organizations dangerously exposed to arbitrary dismissals, intimidation, and vindictive actions—especially when they dare to uphold justice against powerful interests. This systemic flaw isn't just a legal gap—it's a betrayal of the very essence of the Act.
Unlike their counterparts in the public sector, who enjoy protective regulations, ICC members in the private sector operate in a legal void, walking a tightrope without a safety net. This precarious reality stifles their ability to remain impartial, exposing them to coercion, fear, and undue influence. The PIL argues that ICC members deserve quasi-judicial recognition, with safeguards akin to the protections granted to judges under the Judges (Protection) Act, 1985. Without such measures, the POSH Act’s vision of safe workplaces risks crumbling into irrelevance.
Supreme Court Steps In: A Beacon of Justice
In a historic intervention, the Hon’ble Supreme Court has finally answered this cry for help. Notices have been issued to the Ministry of Women and Child Development, the Ministry of Corporate Affairs, and the National Commission for Women (NCW), forcing them to confront the grim realities exposed by this PIL. This is no ordinary legal development—it’s a judicial reckoning. It signals that the current framework for ICCs is woefully insufficient and demands immediate action.
ICC Members: Guardians of Workplace Justice Under Siege
Far from being mere administrators, ICC members are champions of justice, tasked with investigative and disciplinary duties under the constitutional mandates of equality (Article 14) and dignity (Article 21). Their role is crucial—but their position is increasingly untenable. The intimidation, coercion, and threats they face erode the trust and integrity vital to workplace equity.
This isn’t just an operational issue—it’s a full-blown crisis. If ICC members cannot perform their duties without fear, the very foundation of workplace justice collapses.
Proposed Reforms: Urgent and Non-Negotiable
The petition demands transformative reforms to empower and protect ICC members:
Legislative Shields: Recognize ICC members as quasi-judicial officers under the PoSH Act, granting them immunity akin to public servants under Section 197 of the Bhartiya Nyaya Sanhita, 2023.
External Grievance Mechanisms: Create state-run redressal forums where ICC members can report victimization without fear of employer retaliation.
Mandatory Oversight: Require employers to report any adverse action against ICC members to statutory bodies like the NCW, ensuring transparency and accountability.
Capacity Building: Launch comprehensive training programs to help ICC members withstand legal and procedural challenges, bolstering their resilience against external pressures.
Judicial Wisdom as a Guiding Light
The petition builds on a foundation of precedent-setting judgments. The Vishaka v. State of Rajasthan (1997) case laid the groundwork for the PoSH Act, while the Medha Kotwal Lele v. Union of India (2012) judgment emphasized the necessity of empowering ICCs. The Supreme Court’s decision in State of Bihar v. Lal Krishna Advani (2003) extolled the importance of independence and impartiality in quasi-judicial functions—qualities ICC members cannot maintain without adequate protections.
For HR Professionals, the Time to Act is NOW
This case is not just a legal proceeding—it’s a battle for workplace justice. HR professionals are on the frontlines and responsible for fostering an environment where ICC members can operate fearlessly. The Supreme Court’s intervention is a rallying cry for you to champion reforms, advocate for protections, and reaffirm your commitment to equity and dignity. If ICC members remain vulnerable, workplace trust and justice will perish. This is your moment to stand as allies to those safeguarding fairness in your organizations.
Conclusion
This PIL is not just about fixing a broken system—it’s about igniting a revolution in workplace equity. The Supreme Court’s stance offers a rare and urgent opportunity to rewrite the rules of fairness. HR professionals, ICC members, and policymakers must seize this moment to secure protections that resonate across industries.
AUTHOR: Advocate ANJALI SINGH
POSH Advisor & External Committee Member
Advocate Anjali Singh, a conflict resolution and mediation expert, develops effective POSH (Prevention of Sexual Harassment) policies for Silver Oak Health. With over five years of experience in criminal and family law, she ensures policies foster workplace safety, dignity, and respect. Licensed with the Bar Council of Maharashtra & Goa since 2021, Ms. Singh has represented clients in various courts, using her legal expertise to craft comprehensive workplace policies.
AUTHOR: Advocate Aprajita Vatsa
POSH Advisor & External Committee Member
Aprajita Vatsa is a full-time POSH Advisor at Silver Oak Health. She is committed to the cause of harassment-free workplaces. A registered advocate since 2020, with a B.A.LL.B from Savitribai Phule Pune University, she brings three years of legal expertise, specializing in POSH compliance, training, and intervention.