Gauhati HC Affirms Right to Redressal in Workplace Harassment Case Despite ICC Lapse

Staff Reporter

Guwahati: The Gauhati High Court has determined that procedural deficiencies or inaction by an Internal Complaints Committee (ICC) cannot undermine an aggrieved woman’s fundamental statutory right to pursue redress under the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).

Justice Devashis Baruah rejected a challenge to the reinstatement of ICC proceedings, noting that the protective framework of the Act cannot be undermined only due to the committee’s prior inaction.

The Court observed that, despite the complaint being submitted years earlier, the ICC had neglected its legal obligation by refusing to investigate the claims on the basis that associated criminal procedures were ongoing. The Court deemed the approach legally untenable, stating that the committee had “failed to exercise the jurisdiction conferred upon it by law” and had not performed the requisite fact-finding inquiry as stipulated in Sections 11 and 13 of the Act.

The complainant had filed an FIR before the All Women Police Station, Panbazar, which was registered under Section 376(2)(b)/506 of the Indian Penal Code. This FIR was lodged on December 11, 2014. Basing on the said allegations, X also submitted a complaint on December 16, 2014, before the Presiding Officer, Women’s Complaint Committee of the institution. The ICC, on December 19, 2014, decided that since the matter was under trial and sub judice before a competent court, no action could be taken on the complaint. However, the ICC recommended certain welfare measures be provided to the complainant as per Section 12(1) of the ‘Act of 2013.’

The Court emphasized that the responsibility for the delay or limitation rested with the institution, not the complainant, thereby rejecting the argument that such factors precluded further action. It noted that “on account of the fault of the ICC for not carrying out the responsibility reposed upon them by law, the grievance of X cannot remain unredressed,” further stating that the previous ICC reports cannot, under any circumstances, be regarded as a recommendation, as no fact-finding or preliminary report was submitted.

The Court characterized the POSH Act as “a social welfare legislation” aimed at safeguarding women’s rights to equality and dignity as enshrined in Articles 14, 15, and 21 of the Constitution. It unequivocally said that “the technical argument” concerning delay cannot preclude the aggrieved woman from seeking remedy under the Act of 2013, should the ICC have failed to act in accordance with the law.

The Court affirmed the decision to recommence the process and instructed the ICC to “forthwith initiate the preliminary/fact-finding inquiry” as the initial phase of the statutory procedure, with subsequent actions depending upon the results. The Court determines that procedural lapse or administrative delay by the ICC cannot negate a complainant’s substantive right to have her complaints reviewed, even after a significant lapse of time.

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