Now Reading: Bombay HC: ICC must conduct inquiry before closing harassment case
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Bombay HC: ICC must conduct inquiry before closing harassment case
The Bombay High Court ruled on Wednesday that an Internal Complaints Committee (ICC) cannot summarily reject a sexual harassment complaint without conducting an inquiry. Justice Sandeep Marne held that even a finding…
The Bombay High Court ruled on Wednesday that an Internal Complaints Committee (ICC) cannot summarily reject a sexual harassment complaint without conducting an inquiry. Justice Sandeep Marne held that even a finding that the complaint lacks a 'sexual element' is a 'recommendation' under Section 13 of the POSH Act, which can be appealed to an industrial court.
The ruling came on petitions by three executives of an infrastructure investment trust. A woman employee had resigned in October 2023 after two months, claiming continuing employment was 'unbearable'. On her last day, she filed a complaint against an ICC member. The ICC emailed her within an hour, rejecting the complaint as outside its jurisdiction. The industrial court allowed her appeal, and the high court has now upheld that appeal as maintainable, remanding the matter for fresh adjudication.
The court said dismissing a complaint at the threshold without inquiry would render an aggrieved woman 'remediless'. It stressed that the POSH Act must be interpreted liberally in favour of the class it protects.
Indian Opinion Analysis
Both Hindustan Times and LiveLaw report the same Bombay High Court ruling with near-identical legal reasoning. Hindustan Times leads with the practical effect, the ICC cannot summarily close complaints, and includes the full timeline of the underlying case: a woman who resigned after two months, filed a complaint on her last day, and received an ICC rejection by email within an hour. LiveLaw leads with the appellate remedy and emphasises the court’s liberal interpretation in favour of the complainant. Neither outlet adopts a pro-government or critical stance, both are straight legal reporting. The measured takeaway: the court has closed a procedural loophole that allowed ICCs to avoid inquiry by ruling a complaint lacked a 'sexual element' at the threshold. The next step is the industrial court’s fresh adjudication of the woman’s appeal.
Coverage: 2 sources, 2 neutral
Sources (2): hindustantimes.com (neutral report), livelaw.in (neutral report)
This story was synthesised by AI from the 2 sources linked above.
Updated: this story now draws on 2 sources.
