Supreme Court issues notice on PIL raising concerns on removal of ICC members in private sector

New Delhi: The Supreme Court on Friday agreed to examine a public interest litigation (PIL) seeking the introduction of safeguards for the members of the Internal Complaints Committee (ICC), constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, in the private sector.

A bench of Justices Surya Kant and Ujja Bhuyan issued notice and sought responses from the Union Ministries of Women And Child Development and Corporate Affairs, and the Nation Commission For Women in the matter.

As per the computerised case status, the matter is tentatively listed for hearing on January 24, 2025.

The plea, filed through advocate Munawwar Naseem, said that though Internal Complaints Committees are bestowed with the power of a civil court but ICC members, akin to judges, have not been provided with any safeguards, which will enable them to act without fear and favour.

"An anomalous situation has arisen where ICC members have been conferred quasi-judicial powers without the requisite independence and safeguards. By the very nature of their employment, the ICC members may have to take decisions which could jeopardise their careers. In such a scenario, ICC members lose their jobs in the private sector when they take a decision which does not find favour with senior management. This acts as a barrier to holistically addressing the issue of sexual harassment," contended the petition.

It added that on the contrary, in the government sector, ICC members have a greater degree of job security and their employment cannot be terminated without showing due cause, unlike in the private sector. Further, it said that in the private sector, ICC Members can be terminated with notice as per the employment contract (with up to 3 months' pay) and can be terminated by the employer without giving them any reason for termination. The nature of injury caused to the public is that women members of ICC in a private company do not enjoy the same level of protection enjoyed by ICC members in the Public Sector, said the petition.

It sought directions to protect the service conditions of ICC members in the private sector to secure their independence and have the same protection as their counterparts in the public sector.