Introduction
The Supreme Court of India has clarified an important rule under the Prevention of Sexual Harassment (POSH) Act, 2013. The Court held that a woman can file a complaint with the Internal Complaints Committee (ICC) of her own workplace even if the person she accuses of harassment works somewhere else. This decision makes the law easier to use and protects women from unnecessary legal hurdles.
Facts of the Case
The judgment came from a case where a senior Indian Administrative Service (IAS) officer said she was sexually harassed at her office in New Delhi by an Indian Revenue Service (IRS) officer. She filed her harassment complaint with the ICC in her department. The accused challenged this, saying only the ICC of his own department should handle the case.
The dispute began on May 15, 2023, when the IAS officer claimed the IRS officer sexually harassed her at Krishi Bhawan in New Delhi. She registered a First Information Report (FIR) for criminal offenses and also submitted a complaint under the POSH Act before her own department’s ICC. The ICC then issued a notice to the accused to appear for a hearing.
The accused argued that the ICC in his own department had exclusive jurisdiction. He took this issue first to the Central Administrative Tribunal (CAT) and then to the Delhi High Court. Both tribunals rejected his claim and upheld the ICC’s orders. The matter eventually reached the Supreme Court of India.
What Court Says
A two-judge bench consisting of Justice J.K. Maheshwari and Justice Vijay Bishnoi delivered the verdict. The Court emphasized that the law should support women who face harassment. The judges said that making a woman go to a different workplace just to file a complaint would make the POSH Act less effective. It would force her to file multiple complaints in many places if more than one person is involved.
The Supreme Court noted that the POSH Act’s definitions of “workplace” and “employee” are broad. They do not limit action only to situations where both the woman and the accused work in the same place. The phrase “where the respondent is an employee” in Section 11(1) does not mean that only the ICC of the accused’s workplace has jurisdiction. The law allows the ICC of the complainant’s workplace to hear the case, even if the accused is from another organization or department.
The Court also stressed the purpose and intent of the POSH Act. The law was designed to make it easier for women to seek redress for sexual harassment. If women had to file complaints at a different workplace every time an accused worked elsewhere, it would discourage them from seeking justice. The Court said this approach would create procedural and psychological barriers for women who have already faced harassment.
Implications
In its ruling, the Supreme Court explained how the process should work. The ICC at the woman’s workplace can conduct the initial fact-finding inquiry. After the ICC completes its inquiry and submits its report, the employer of the accused must follow the law and cooperate with disciplinary action. Even if the accused works in a different department, his employer must provide relevant information when asked by the ICC that is handling the complaint.
This ruling has wide implications for workplace harassment law. It removes confusion about which ICC should handle a complaint when the accused belongs to a different workplace. Women now have clear legal backing to approach the ICC where they work. They do not have to travel to another office or department to file a complaint. This will save time, reduce stress, and help victims pursue justice more confidently.
The judgment also reinforces the goal of the POSH Act to provide swift, accessible remedies for sexual harassment at work. It makes the complaint process simpler and fairer. Employers must now understand that the ICC at the victim’s workplace has broad authority to investigate complaints under the POSH law. Employers must cooperate and support the ICC’s inquiry, even if the accused is not part of the same organization.
In summary, the Supreme Court’s decision strengthens women’s rights under the POSH Act. It ensures that workplace harassment complaints are heard efficiently and without unnecessary obstacles. The ruling reaffirms that the ICC of the aggrieved woman’s workplace is the right forum to address complaints, even when the respondent works elsewhere.
