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Analysing the retrieved Case Laws
Scanned Judgements…!
Women’s Commission and Internal Complaints Committee (ICC) Jurisdiction
ICC Cannot Be Questioned by Women’s Commission The Women’s Commission does not have jurisdiction to investigate or look into issues that are under the purview of the Internal Complaints Committee (ICC). The ICC is a statutory body constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and its proceedings are independent of the Women’s Commission. The Commission's role is generally to oversee and ensure compliance with the law, not to adjudicate individual complaints.Sources: DR MAHESH CHANDRA vs STATE OF JHARKHAND THR THE PR SECRETARY TO THE GOVERNOR OF JHARKHAND CUM CHANCELLOR OF B I T MESRA - 2025 Supreme(Online)(Jhk) 4203, ["ABHILASH T. vs ANAMIKA PRAJIN - Kerala"], ["ABHILASH T. vs ANAMIKA PRAJIN - Kerala"]
ICC’s Reports and Proceedings Are Not Subject to Women’s Commission Review Courts have held that the ICC’s reports and findings are not to be scrutinized or quashed by the Women’s Commission. For instance, orders or reports of the ICC can be challenged through writ petitions if they are legally flawed, but the Women’s Commission itself cannot interfere or look into the internal proceedings of the ICC.Sources: DR MAHESH CHANDRA vs STATE OF JHARKHAND THR THE PR SECRETARY TO THE GOVERNOR OF JHARKHAND CUM CHANCELLOR OF B I T MESRA - 2025 Supreme(Online)(Jhk) 4203, ["ABHILASH T. vs ANAMIKA PRAJIN - Kerala"], ["ABHILASH T. vs ANAMIKA PRAJIN - Kerala"]
Legal Precedents on Jurisdiction Limitations Several judgments emphasize that the Women’s Commission's role is to monitor and promote gender sensitivity, not to adjudicate complaints or interfere with ICC proceedings. The courts have clarified that the ICC operates as a quasi-judicial body with authority under the POSH Act, and its functions are distinct from those of the Women’s Commission.Sources: DR MAHESH CHANDRA vs STATE OF JHARKHAND THR THE PR SECRETARY TO THE GOVERNOR OF JHARKHAND CUM CHANCELLOR OF B I T MESRA - 2025 Supreme(Online)(Jhk) 4203, ["Kamarudheen P. vs Vice-Chancellor, Calicut University - Kerala"], ["Women in Cinema Collective VS State of Kerala - Kerala"]
Proper Legal Remedies for Women’s Complaints Women or aggrieved individuals must approach the ICC or appropriate legal forums for resolution of sexual harassment complaints. The Women’s Commission's intervention is limited to ensuring the ICC is properly constituted and functioning, not to investigate or adjudicate individual cases.Sources: DR MAHESH CHANDRA vs STATE OF JHARKHAND THR THE PR SECRETARY TO THE GOVERNOR OF JHARKHAND CUM CHANCELLOR OF B I T MESRA - 2025 Supreme(Online)(Jhk) 4203, ["Intel Technology India (P) Ltd. VS Secretary To Government Labour Department Karnataka Government Secretariat Vikasa Soudha Bangalore - Karnataka"], ["Kamarudheen P. vs Vice-Chancellor, Calicut University - Kerala"]
Analysis and Conclusion:The collected case law indicates that the Women’s Commission does not have the authority to investigate, examine, or look into issues that fall within the jurisdiction of the Internal Complaints Committee. Its primary role is oversight and ensuring compliance with the law, whereas the ICC is a statutory body empowered to conduct inquiries and pass reports. Therefore, the Women’s Commission cannot usurp or interfere with the ICC’s statutory functions or proceedings. The appropriate legal remedy for issues under the ICC’s jurisdiction is through the judicial system or the ICC itself, not through the Women’s Commission.
In the realm of workplace sexual harassment in India, confusion often arises about which body handles complaints. Can the Women's Commission step into matters assigned to the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)? This question is critical for employers, employees, and victims seeking justice. Recent case law clarifies that Women's Commissions lack authority to investigate or adjudicate issues under ICC jurisdictionPRASANNA KUMAR MISHRA VS STATE OF ORISSA - 1997 0 Supreme(Ori) 92.
This blog delves into the legal boundaries, key judgments, and practical implications, helping you navigate these forums effectively. Note: This is general information based on judicial precedents and not specific legal advice.
Find Case Law to Show that Women’s Commission Cannot Look into Issues which are under the Internal Complaints Committee.
Indian courts have consistently upheld a clear separation. Women's Commissions, whether national or state-level, are investigatory and recommendatory bodies focused on broader women's rights violations, atrocities, and social issues. They do not function as adjudicatory tribunals for workplace-specific disputes like sexual harassment Iumingstar Nongsiej VS State of Meghalaya, Represented by its Secretary & Commissioner (Home), Shillong, Meghalaya - 2015 0 Supreme(Megh) 29.
In contrast, the POSH Act mandates every workplace with 10 or more employees to form an ICC to handle complaints internally, ensuring swift, confidential redressal WOMEN IN CINEMA COLLECTIVE(REG NO.EKM/TC/643/2017) Vs STATE OF KERALA - 2022 Supreme(Online)(KER) 52569. Interfering in ICC matters undermines this specialized framework.
State and National Commissions for Women derive powers from enabling statutes like the National Commission for Women Act, 1990, or state-specific laws (e.g., Orissa State Commission for Women Act, 1993; Meghalaya State Commission for Women Act, 2005). Their role is typically:
However, they cannot adjudicate disputes, order payments, or act as courtsPRASANNA KUMAR MISHRA VS STATE OF ORISSA - 1997 0 Supreme(Ori) 92. For instance, the judgment states: The Commission's functions are limited to investigating and recommending actions related to women's issues, not adjudicating maintenance disputes. It explicitly bars ordering salary deductions, reserving such powers for courts or specialized bodies PRASANNA KUMAR MISHRA VS STATE OF ORISSA - 1997 0 Supreme(Ori) 92.
Similarly, Women’s Commissions do not have the authority to determine maintenance or issue directions for salary deductionsIumingstar Nongsiej VS State of Meghalaya, Represented by its Secretary & Commissioner (Home), Shillong, Meghalaya - 2015 0 Supreme(Megh) 29. This principle extends to workplace harassment, where ICCs hold exclusive inquiry powers.
In UNION OF INDIA VS V. S. JAITHA, SENIOR ACCOUNTANT, OFFICE OF THE ACCOUNTANT, GENERAL (A & E), KERALA, THIRUVANANTHAPURAM - 2016 0 Supreme(Ker) 438, the Kerala Women’s Commission was held to lack jurisdiction over complaints against Central Government entities, underscoring territorial and functional limits.
The POSH Act establishes ICCs as the primary forum for workplace sexual harassment complaints. Key provisions include:
Courts affirm ICCs' autonomy. In one case, the court held that the Internal Complaint Committee is not bound to strictly follow the step-by-step procedure as stipulated in the CCS (CCA) Rules, and that the issues may be crystallized by the ICC before commencing the evidence, prioritizing pragmatic fairness Surender Singh VS Union of India - 2023 Supreme(Del) 3441.
Deficiencies in ICC formation undermine POSH objectives, prompting courts to direct compliance via state mechanisms or Women's Commissions in supervisory roles only—not investigative Supraja vs State Represented by The Principal Secretary to Government - 2024 Supreme(Mad) 2614. For example, organizations must form ICCs even in non-traditional sectors like film, defining 'employer' and 'workplace' broadly WOMEN IN CINEMA COLLECTIVE(REG NO.EKM/TC/643/2017) Vs STATE OF KERALA - 2022 Supreme(Online)(KER) 52569.
Time limits are strict: Complaints must be filed within 3-6 months, barring extensions without cause Vivek Tyagi VS State of Haryana - 2021 Supreme(P&H) 391. The maximum period for lodging a complaint under the Act is six months from the date of incident... Thereafter, the Internal Complaints Committee or the Local Committee is barred from entertaining the complaintVivek Tyagi VS State of Haryana - 2021 Supreme(P&H) 391.
Several judgments delineate boundaries:
Other precedents highlight ICC primacy:
Even where Women's Commissions appear, like Kerala volunteering committees, it's facilitative, not jurisdictional overreach WOMEN IN CINEMA COLLECTIVE(REG NO.EKM/TC/643/2017) Vs STATE OF KERALA - 2022 Supreme(Online)(KER) 52569. In DELHI GOLF CLUB LTD. VS MEGHALAYA STATE COMMISSION OF WOMEN - 2017 Supreme(Del) 3924, Meghalaya Commission's functions are state-bound, advising on safeguards without adjudication.
Women's Commissions may:
But they cannot interfere in ongoing ICC inquiries or adjudicate individual cases. Employers must ensure ICC compliance to avoid lapses, as seen in medical college failures prompting state intervention Supraja vs State Represented by The Principal Secretary to Government - 2024 Supreme(Mad) 2614.
Recommendations:- Complainants: Approach ICC first; escalate to Local Committee if no ICC exists.- Employers: Form robust ICCs, train members, install safeguards like CCTVs S. Murugan VS State of Tamil Nadu, Represented by its Chief Secretary to the Government - 2019 Supreme(Mad) 181.- Commissions: Guide referrals, focus on systemic advocacy.
Judicial precedents firmly establish that Women's Commissions cannot look into issues under ICC jurisdiction per the POSH Act, 2013PRASANNA KUMAR MISHRA VS STATE OF ORISSA - 1997 0 Supreme(Ori) 92Iumingstar Nongsiej VS State of Meghalaya, Represented by its Secretary & Commissioner (Home), Shillong, Meghalaya - 2015 0 Supreme(Megh) 29. This separation ensures specialized, efficient handling of workplace harassment.
Key Takeaways:- ICCs are the go-to for workplace complaints.- Commissions handle broader rights issues recommendatorily.- Non-compliance invites court directives.
Always consult a legal professional for case-specific guidance. Stay informed to foster safe workplaces.
References: Cited judgments including PRASANNA KUMAR MISHRA VS STATE OF ORISSA - 1997 0 Supreme(Ori) 92, Iumingstar Nongsiej VS State of Meghalaya, Represented by its Secretary & Commissioner (Home), Shillong, Meghalaya - 2015 0 Supreme(Megh) 29, Venu Swamy VS State of Telangana - 2024 6 Supreme(Telangana) 720, Lalmunlen Serto VS State of Manipur - 2022 0 Supreme(Manipur) 189, Alok Betab VS State of J&K - 2023 0 Supreme(J&K) 664, UNION OF INDIA VS V. S. JAITHA, SENIOR ACCOUNTANT, OFFICE OF THE ACCOUNTANT, GENERAL (A & E), KERALA, THIRUVANANTHAPURAM - 2016 0 Supreme(Ker) 438, and others from POSH jurisprudence.
#POSHAct #WomensCommission #WorkplaceHarassment
Members of the Internal Complaints Committee merely supported their findings on the report of the Internal Complaints Committee. Admittedly, they are not the witnesses on the facts of the case. ... So far as the Departmental Proceeding is concerned, I find that only the members of the Internal Complaints Committee have been examined as witnesses. ... Thus, the Enquiry Report of the Inte....
Luthra, This is to inform you that the internal complaints committee of ECI has received the above-said complaint against you on 11.09.2023 and a supplementary complaint on 06.10.2023. ... You are further directed to appear personally on 25.10.2023 before the Internal Committee at 4 PM with your reply.” 8. We note that the applicant has been addressed as “Dear Mr. Luthra” and the Chairperson of the ICC very politely writes “We look forward to receiving your reply”. ... Notice dated 13.....
The said Act, 2013 provides for constitution of Internal Complaints Committee at every workplace by the employer, and also further provides for constitution of Local Committees. ... Section 9 of the said Act, 2013 provides for filing of complaints by any aggrieved women complaining the sexual harassment at the workplace to the internal committee so constituted. Section 10 provides process of conciliation. Section 11 provides for the enquiry into the complaint. ... Not....
Quash order dated 21.10.2022 which constituted the Internal Complaints Committee; b). ... But, the test of reasonableness cannot be abstract. It has to be pragmatic and grounded in the realities of the facts and circumstances of a case. ... (6) The parties shall not be allowed to bring in any legal practitioner to represent them in their case at any stage of the proceedings before the Complaints Committee. ... It is submitted that Rule 14 of (CCS CC....
For entertaining the complaints College constituted an Internal Complaint Committee (ICC), constitution of which was not correct for, it had to be as per the provisions of University Grants Commission Notification dated 2nd of May, 2016. ... -(1) Every Executive Authority shall constitute an Internal Complaints Committee (ICC) with an inbuilt mechanism for gender sensitization against sexual harassment. ... Issue a writ of certiorari or other appropriate writ, order ....
Issue a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Exhibit P4 Internal Complaints Committee report and quash it as bad in law. II. ... For entertaining the complaints College constituted an Internal Complaint Committee (ICC), constitution of which was not correct for, it had to be as per the provisions of University Grants Commission Notification dated 2nd of May, 2016. ... -(1) Every Executive....
Sections 2 (h), 4, 11 and 13 of the POSH Act at this moment, which are extracted hereunder: “2(h) "Internal Committee" means an Internal Complaints Committee constituted under Section 4 . ... Therefore, I do not find this as a case in which the extraordinary jurisdiction of this Court under Article 226 is to be invoked. ... referred to in clause (ii), the Internal Committee or, as the case may be, the Local #HL_STA....
Therefore, it is submitted that the contentions raised by the petitioners against the 5th respondent that it has not constituted an Internal Complaints Committee in terms of Act, 2013, cannot be sustained under law. 28. ... The Kerala State Women Commission, the additional 9th respondent in W.P. ... (C) No. 33994/2018 has volunteered to appoint a committee to deal with any sexual harassment at its workplace, we record the same and accordingly to take....
Therefore, it is submitted that the contentions raised by the petitioners against the 5th respondent that it has not constituted an Internal Complaints Committee in terms of Act, 2013, cannot be sustained under law. 28. ... The Kerala State Women Commission, the additional 9th respondent in W.P. ... (C) No.33994/2018 has volunteered to appoint a committee to deal with any sexual harassment at its workplace, we record the same and accordingly to take ....
such issues because there are more number of women workers. ... committee and only 5 institutions had the women as the Chairperson of the internal committee. ... With regard to formation of the Internal Committee and the type of composition of the Committee, Sec.4 of the Act lays down as under: Sec. 4. Constitution of Internal Complaints Committee. ... When this case#HL....
The Internal Complaints Committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) No charge-sheet has been filed by the Investigating Officer.
In other words, the maximum period for lodging a complaint under the Act is six months from the date of incident and in case of series of incident from the date of the last incident. Thereafter, the Internal Complaints Committee or the Local Committee is barred from entertaining the complaint under the Act.
On 29.11.2017 a complaint is lodged by the company against respondent for return of assets and documents. [19] Having worked for more than 4½ years since April, 2013 till November, 2017 with “Outstanding” and “Exceptional” performance what went wrong during the period after 17.08.2017 till the beginning of November, 2017. In January/February 2018, the respondent sends complaints to National Commission for Women and to the Internal Complaints Committee alleging sexual harassment by appellant No.2. 3.1 In the background of the above facts, the following questions/doubts aris....
Let us now look into the procedures adopted by the Internal Complaints Committee. Undoubtedly, the Internal Complaints Committee forwarded the complaint to the CBCID for registration of a police complaint. Section 19(g) of the Sexual Harassment Act provides that if an intention is expressed by the complainant in her complaint, then it is the duty of the employer to provide assistance to the woman to file a complaint under the Indian Penal Code.
The functions to be performed by the Commission are in the context of the women in the State of Meghalaya. The Commission is also empowered to look into the complaints relating to women and take up such matters with appropriate authorities. The provisions of Section 13 of the Act have to be read in conjunction with Section 1(2) of the Act. It is also seen that most of the functions are related to advising the government in relation to matters pertaining to women and for providing safeguards and improving the conditions of women in the State of Meghalaya.
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