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It is the petitioner's case that service conditions of ICC members should be protected from arbitrary and retaliatory termination
The Supreme Court bench of Justices Surya Kant and Ujjal Bhuyan on Friday issued notice in a PIL seeking a direction to the Ministry of Women and Child Development to protect the service conditions of ICC members so as to secure their independence.
POST Act defines the offence of sexual harassment in broad terms and provides for the mandatory constitution of Internal Complaints Committees (‘ICC’) which is bestowed with the power of a civil court.
"....the Members of such committees, akin to judges, have not been provided with any safeguards, which will enable them to act without fear and favor. Thus, an anomalous situation has arisen where ICC members have been conferred quasi-judicial powers without the requisite independence and safeguards. By the very nature of their employment, the ICC members may have to take decisions which could jeopardise their careers...", the court has been told.
In this background, the plea seeks to declare that ICC members are public servants and have the same protection as their counterparts in the public sector.
Filed by one Janaki Chaudhry, the PIL also seeks setting up of a Commission to review the deficiencies in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and make expeditious recommendations for the protection of ICC members.
"Direct all companies/organizations in the Private Sector to intimate to the National Commission of Women and their respective Local Complaints Committee any adverse action taken against any ICC Members...", the plea filed through AOR Munawwar Naseem adds.
Top Court has been told that ICC members lose their jobs in the private sector when they take a decision which does not find favour with senior management which acts as a barrier to holistically addressing the issue of sexual harassment.
"....the ICC members can be terminated without giving them any reason for termination by the employer. The employment contracts favour the employer with limited recourse for the employee when terminated. This creates a serious conflict of interest and constraints for the ICC members from taking free, fair, and impartial decisions....", the petition submits.
Advocates Abha Singh and Sanjna Dua along with AOR Naseem appeared before Court.
Case Title: Janaki Chaudhry and Anr. vs. Ministry of Women and Child Development Through the Secretary and Ors
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