Case Note & Summary
The petitioner, Vidya Akhave, an employee of IFCI Ltd., filed a complaint of sexual harassment against respondent No.2, Suneet Shukla. An Internal Complaints Committee (ICC) was constituted by the employer, which submitted a report exonerating the accused. The petitioner challenged the report and the constitution of the ICC before the Bombay High Court under Article 226 of the Constitution. The Court examined the Vishaka guidelines and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which require the ICC to include an independent member from an NGO or similar body. The Court found that the ICC in this case did not have such an independent member, rendering its constitution invalid. Additionally, the Court noted that the petitioner was not given a proper opportunity to present her case or cross-examine witnesses, violating principles of natural justice. The Court allowed the petition, quashed the ICC report, and directed the employer to reconstitute the ICC with an independent member and conduct fresh proceedings in accordance with law. The Court also directed the Union of India to ensure compliance with the law on sexual harassment by all employers.
Headnote
A) Sexual Harassment at Workplace - Internal Complaints Committee - Constitution - Vishaka Guidelines - The Committee must include an independent member from an NGO or similar body; failure to do so renders the Committee invalid. (Paras 1-35) B) Natural Justice - Opportunity of Hearing - The complainant must be given a fair opportunity to present her case and cross-examine witnesses; denial thereof violates principles of natural justice. (Paras 1-35) C) Writ Jurisdiction - Article 226 - Maintainability - A writ petition lies against an employer for non-compliance with statutory guidelines on sexual harassment, as the employer is a State under Article 12. (Paras 1-35)
Issue of Consideration
Whether the Internal Complaints Committee constituted by the employer was valid and whether its proceedings complied with the principles of natural justice and the Vishaka guidelines.
Final Decision
The Court allowed the petition, quashed the ICC report, and directed the employer to reconstitute the ICC with an independent member and conduct fresh proceedings in accordance with law. The Court also directed the Union of India to ensure compliance with sexual harassment laws.
Law Points
- Sexual Harassment of Women at Workplace
- Vishaka Guidelines
- Natural Justice
- Internal Complaints Committee
- Independent Member
- Article 226
- Writ of Mandamus
