SC NOTICE ON PIL FOR ICC PROTECTION IN PRIVATE WORKPLACES

by | Dec 7, 2024

Headline

The Supreme Court of India issues notice on PIL seeking protection for members of ICC in private workplaces.

Summary

The Supreme Court of India under the Sexual Harassment of Women at Workplace Act, 2013, issued notice in a PIL seeking tenure security and protection against retaliation for members of Internal Complaints Committees (ICCs) in private companies.

Key Facts

  • Case Name: Janaki Chaudhry & Anr. vs Ministry of Women and Child Development & Ors.
  • Judges Name-Justice Surya Kant and Justice Ujjal Bhuyan
  • Petitioners: Janaki Chaudhry (former ICC member) and Olga Tellis (retired journalist).
  • Petitioners allege that private ICC members lack protection, unlike their public sector partners .
  • Internal Complaints Committees (ICC) members can go through arbitrary termination if their decisions provoke senior management.
  • Relief sought includes tenure safeguard, recognition of ICC members as public servants, and grievance redress mechanisms.

Legal Insights

Petitioners argue the lack of consistency between public and private ICC members violates Articles 14, 19(1)(g), and 21 of the Indian Constitution. They also said that  Internal Complaints Committees (ICC) members perform quasi-judicial functions similar to judges.

Impact

The PIL showcases a systemic gap in making sure that workplace safety and security and ICC independence, mainly in private organizations.

Why It Matters

Enhancing ICC protections is important for impartial adjudication of harassment complaints, a foundation of workplace safety and justice.

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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