The Supreme Court of India has issued a landmark directive requiring all workplaces with more than ten employees to establish Internal Complaints Committees (ICCs) under the Prevention of Sexual Harassment (POSH) Act, 2013. The move seeks to close long-standing enforcement gaps and ensure that complaints of sexual harassment are handled promptly and fairly.
The ruling strengthens the framework originally laid out in the Vishaka Guidelines of 1997 and reiterates the binding obligations under the POSH Act. In December 2024, the court had expressed concern over the inconsistent implementation of the law, particularly in smaller organisations and regional offices. The latest order is designed to make compliance non-negotiable.
Following the ruling, state governments have begun acting. In Karnataka, labour authorities have already started issuing compliance notices to firms employing more than ten staff. Employers are being instructed to form ICCs and submit proof of compliance to district officials. In districts such as Dharwad and Hubballi, businesses have been cautioned that delays or incomplete records will invite strict action.
The POSH Act prescribes that each ICC must be led by a senior woman employee. The panel should also include at least two members with legal or social work knowledge and one external member from an NGO or similar body. Importantly, at least half the members must be women. The committees are required to complete inquiries within 90 days of a complaint, maintain confidentiality, and file annual reports with district officers.
By making the presence of ICCs compulsory across all qualifying establishments, the Supreme Court has sent a clear signal: workplace safety is not optional but a fundamental right. The order marks a decisive step towards embedding gender justice in everyday work culture.
Source – https://www.hrkatha.com/news/sc-tightens-posh-enforcement-mandates-committees-in-all-workplaces/