Brief: The Supreme Court issued a notice to the Union Government seeking its response to an PIL filed for security of IC members in private companies.
Case Description
Janaki Chaudhry & Anr. v. Ministry of Women and Child Development & Ors.
Supreme Court of India
Case Type: Writ Petition
Case No.: W.P.(C) 796/2024 PIL-W
Bench: Surya Kant, J. & Ujjal Bhuyan, J.
Facts
Petitioners filed a Public Interest Litigation before the Hon’ble Apex Court of India seeking protection of Internal Committee (“IC”) members from arbitrary and retaliatory actions at private workplaces against their decisions and inquiries.
Issues
- Whether IC members of private workplaces are eligible to receive protection as “Public Servants” against arbitrary and retaliatory actions?
- Whether lack of protection for IC members in the POSH Act violates Articles 14, 19(1)(g) and 21 of Indian Constitution?
Also read: Most Common Questions on Constitution and Composition of IC
Laws Involved
- Section 11(3) of Prevention of Sexual Harassment of Women at Workplace Act, 2013 (“POSH Act”)
- Article 14, 19(1)(g) and 21 of Indian Constitution
Petitioners’ Contentions
- While IC members in public sector companies have fixed tenure and protection against arbitrary termination, there exist no safeguards for IC members in private sector. This is an arbitrary classification and is violative of Article 14.
- IC members have the powers of Civil Court under section 11(3) of the POSH Act. They have the responsibility to take decisions that at times do not favour the management. Lack of protection makes them vulnerable to retaliation measures (such as unfair demotion or termination) and subjects them to victimization.
- Posh Act provides safeguards to the victims of sexual harassment at workplace. However, it fails to address harassment faced by the IC members from senior management. This disrupts the members’ right to profession of choice under article 19(1)(g) and violates their right to safe work environment under Article 21.
- There is absence of redressal mechanism within the framework of the Act that tackles the grievances of IC members.
- Therefore, petitioners prayed before the Supreme Court to direct Ministry of Women and Child Development to:
- Protect the service condition of IC members and declare all IC members as ‘Public Servant’.
- Direct State Governments to set up an external grievance redressal committee for IC members.
Further, the petitioners sought the formation of a commission to review the POSH Act, and provide recommendations for IC members’ protection on two subjects:
- Rights of IC members in private sector, and
- Protection of IC members against harassment.
Furthermore, it was prayed that all private and public organizations should be mandated to notify the Local Complaint Committee (“LC”) of any negative incidents concerning IC members. Lastly, the petition sought National Commission for Women’s monitoring and intervention when an employer seeks to terminate an IC member after issuance of an unfavourable decision.
Court’s Order
- The Supreme Court issued notice to Union Government and sought response on the PIL from the Ministry of Women and Child Development, Ministry of Corporate Affairs and National Commission for Women.
Authored by Ayush Bardhan, Trainee Associate, The Legal Swan