The Supreme Court has held that a woman who faces sexual harassment at the workplace by a person not employed in her own organisation can still file her complaint before the Internal Complaints Committee (ICC) of her own workplace. (Source)
- The Court clarified that the respondent (accused) need not be an employee of the same establishment for the ICC to have jurisdiction.
- This interpretation is based on the expansive definitions of aggrieved woman, respondent, and workplace in the law.
Significance of the Judgement
- Expands protection for women in situations involving:
- Vendors
- Clients
- Contract workers
- Delivery personnel
- Any third-party individuals who enter the workplace
- Ensures that women do not have to navigate unfamiliar or uncooperative systems in a third-party establishment.
- Strengthens the victim-centric framework of the POSH Act.
About the POSH Act, 2013
Purpose
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 aims to protect women from sexual harassment in all workplaces, across sectors.
Key Features
- Came into force: 9 December 2013
- Coverage:
- All women, regardless of age or employment type (permanent, contractual, trainee, domestic worker etc.)
- Applies to both public and private sectors, organised and unorganised.
- Mandatory ICC:
- Any workplace with more than 10 workers must constitute an Internal Complaints Committee (ICC).
- Local Complaints Committees (LCC):
- Set up in every district by the Appropriate Government.
- Receive cases from:
- Workplaces with fewer than 10 employees, or
- When the complaint is against the employer.
- Oversight:
- Monitored by the Ministry of Women and Child Development (MWCD).
SHe-Box Portal
- Launched by the MWCD to centralise and streamline complaints.
- Allows women to file and track sexual harassment cases.
- Ensures all inquiries under the POSH Act are completed within 90 days.
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