SC to review if HCs can transfer workplace sexual harassment investigation to another state

The Supreme Court recently agreed to examine whether high courts have the power to transfer workplace sexual harassment investigation the inquiry to another state, especially the ones pending with internal complaints committee (ICC) along with a criminal case lodged with the police related to the incident. 

Justices Indu Malhotra and R Subhash Reddy were hearing an appeal by an IPS officer challenging the High Court of Madras’ order transfer sexual harassment investigation by an ICC under provisions of the POSH Act, 2013 as well as an FIR lodged against him by a senior lady police officer to Telangana for an unimpaired investigation. A division bench of the Madras High Court dealt with the petition filed by the IPS officer and transferred the ICC enquiry as well as the FIR to Telangana. The lady officer had filed an affidavit in which she had agreed to transfer the ICC enquiry proceedings and the FIR to Kerala or any other neighbouring state or New Delhi. 

The IPS officer had told the high court that there was no sound legal basis to transfer workplace sexual harassment investigation under the Act from one state to another, more so, when the law is silent on the matter. The counsel appearing for the state said that the state did not agree to transfer the proceedings to any neighbouring state and also took the view that if both the parties were not satisfied with the constitution of ICC, a former lady judge of the high court could be appointed as the chairperson of the committee. 

Also Read: Court Will Not Interfere Unless The Order Of The ICC Is Shockingly Disproportionate To The Act Of The Delinquent Employee: Bombay High Court

This comes as no surprise for the people, as there always has been a discussion about the point of how an independent investigation into a complaint of sexual harassment should be conducted. Citing the law and saying that the POSH Act does not provide anything on this matter is another way of guaranteeing that justice will be delayed to all the individuals concerned, and may get denied too. An independent investigation (outside the state, if needed) should be done at the option of parties, especially taking care of the interests of the complainant. The state to which the complaint is referred should be under Court’s jurisdiction, but some kind of mechanism needs to be created within the law to cater to the needs of a complaint of workplace sexual harassment. Ducking the responsibility is not going to make the problem any easier. If the need is, the Supreme Court should take suo motu cognizance of the matter and set a precedent, with an amendment the following suit. 

Also Read: 10 Instances Of Biases Which May Impact ICCs While Investigating Complaints Under POSH Act, 2013

Any matter which concerns the lives of the people, let alone reputation or career, should be taken care of in a very sensitive manner. Any mistake or lacuna during the procedure may cause parties to pay a dear price. At Ungedner, we help organisations to conduct prompt, thorough and objective investigations of sexual harassment complaints.