Sexual Harassment At Workplace | Supreme Court Issues Notice On PIL Seeking Security Of Tenure & Protection For ICC Members In Private Workspaces

The Supreme Court today issued notice in a public interest litigation seeking security of tenure and protection from retaliation for members of Internal Complaints Committees in private workplaces.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, seeking response. The Supreme Court today issued notice in a public interest litigation seeking security of tenure and protection from retaliation for members of Internal Complaints Committees in private workplaces. Private sector ICC members are more vulnerable and there is no rational nexus between creating differential standards for public and private sector ICC members and achieving the Act's objective of creating safe workspaces ; Risk of retribution against ICC members in the form of transfers, termination, victimization in unrelated areas of work defeats objectives of the 2013 Act, particularly when ICC members are called on to take decisions against seniors, while being on the payroll of the company; Even though ICC members are dispensing same powers of a 'Judge' as defined under CrPC, there is no grievance redressal mechanism established for them; As a private employee acts as a public functionary while discharging duty under the 2013 Act, he/she should have the same safeguards as provided to public officials ; Right to a safe work environment is a fundamental right under Article 21. Reliefs sought Direction to Ministry of Women and Child Development to protect the service conditions of ICC members so as to secure their independence, to declare that ICC members are public servants and have the same protection as their counterparts in public sector, to declare that the service conditions of ICC members are protected from arbitrary and retaliatory termination, and to direct state governments to setup External Grievance Redressal Committee to address the grievances of ICC members and conduct periodic appraisals of the performance of ICCs; Direction for setting up of a Commission to review the deficiencies in the Sexual Harassment of Women at Workplace Act and make expeditious recommendations for the protection of ICC members on two issues : rights of ICC members, particularly in the private sector, and protection from persecution and harassment of ICC members; Direction to all private companies/organizations to intimate National Commission for Women and their respective Local Complaints Committee about any adverse action taken against any ICC members; Direction to National Commission for Wome n to routinely supervise the implementation of the SHWW Act and intervene, where required, in cases where the employment of an ICC member is sought to be terminated by the employer during his/her tenure or within 5 years of the end of his/her tenure in case of any adverse order passed against the employer.