'An Important Cause Raised….’: SC On Plea In Connection With Sexual Harassment At Workplaces

The petitioners before the court are Janaki Chaudhry, former member of an ICC committee, and former journalist Olga Tellis.

New Delhi:The Supreme Court on Friday expressed its willingness to examine a plea seeking job security for members of the internal complaint committees (ICCs) for sexual harassment at workplaces, saying it was an important cause.

The matter came up before a bench comprising Justices Surya Kant and N Kotiswar Singh. The petitioners before the court are Janaki Chaudhry, former member of an ICC committee, and former journalist Olga Tellis. The plea has emphasised on securing tenure and protection from retaliation for members of ICC constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (PoSH Act) in private workplaces. The petitioners have filed the plea through advocate Munawwar Naseem.

During the hearing today, the bench observed that the court had already issued notice in the matter but no counsel has appeared for the respondent nor a response was filed. Emphasising on the importance of the issue, the bench said if no counsel appears then it would appoint an amicus in the matter.

"This is an important cause which has been raised in the matter. We would like to examine it. You serve the copy on the solicitor general”, the bench told the counsel, representing the petitioner. “If no one appears on the next date, we will appoint an amicus….”, added the bench.

After hearing submissions, the apex court has scheduled the matter for further hearing next week. The top court, in December, last year, had issued a notice to the Ministry of Women and Child Development. The plea contended that women ICC members in the private sector were not entitled to the same level of protection and security of tenure that ICC members of the public sector enjoyed.

The PIL said while ICC members were tasked with the duty to adjudicate sexual harassment complaints on the payroll of a company, they could be terminated from service (with 3 months' pay) without being offered any reason if a decision went against the senior management of the private workplace.