Constituting parallel fact-finding committee against PoSH: Delhi HC

Constitution of a parallel fact-finding body in place of or before constituting an internal complaints committee to look into allegations of sexual misconduct at workplace is against the PoSH law, the Delhi High Court has held.

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Justice Purushaindra Kumar Kaurav stated that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) has created a “self-contained mechanism” to deal with such complaints through the internal complaints committee (ICC) or local committee, and any contrary approach offends the express provisions of the law as well as principles of natural justice.

“Once the legislature has expressly designated the ICC/Local Committee as the authority which shall inquire into such complaints, the constitution of any parallel or pre-ICC fact-finding body would be outside the statutory scheme,” the court said in a judgement passed on April 24.