Bombay HC: ICC Can Only Deliver Justice When Constituted As Per The SC On Vishaka Case

Case: Citation: Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University (Bombay High Court WP 3449, 3450, 3451 of 2013)

Highlights: The Court laid down that during the constitution of the ICC, the members chosen ought to be committed to the cause of women or should have experience in social work or have legal knowledge.

Facts: Writ Petition was brought before the court, challenging the constitution of the ICC in the instant case, due to the provisions of Section 4(2)(b) of the Sexual Harassment of Women at Workplace Act, 2013 not being complied with. It was contended by the Petitioners that the constituted ICC was not valid under the provisions of the Act, and approached the court to declare it illegal and reconstitute the ICC. The Petitioner claimed that the members of the ICC were simple employees who did not have any legal knowledge or experience towards the cause of women, as stated in the Act.

Judgement: The court held that it was incumbent on the part of the Respondents to constitute a proper ICC to conduct an inquiry and submit its report.

Rationale: The Respondents were unable to prove that the individuals selected had any of the requirements to be a member of the ICC. They were unable to show that the persons appointed as member of Committee were committed to cause of Women or had experience in social work or had legal knowledge. Therefore, the constitution of Internal Complaints Committee itself was illegal and contrary to provisions of Section 4(2)(b) of Act.

Therefore, the Respondents were directed to constitute a proper ICC and submit its report. It was also not the case that none of the other employees possessed these qualifications, and that the organisation had no other choice.

Ungender Insights is the product of our learning from advisory work at Ungender. Our team specializes in advising workplaces on workplace diversity and inclusion. Write to us at contact@ungender.in to understand how we can partner with your organization to build a more inclusive workplace.