In a bid to tighten workplace security, the Supreme Court of India has ruled that every company with more than ten employees must set up an Internal Complaints Committee (ICC) under the Prevention of Sexual Harassment (POSH) Act, 2013.
The Supreme Court has deemed the measure as essential when it comes to plugging long-standing gaps in enforcement and ensuring that sexual harassment complaints are addressed swiftly and credibly.
The court’s order builds on the Vishaka Guidelines of 1997, which helped establish the first frameworks in India to address sexual harassment measures in the workplace. The order also underscores the directives under the POSH Act. Earlier, in December 2024, the Supreme Court called the imperfect implementation of the POSH Act “disquieting,” especially in smaller companies and regional offices in India.
Following the Supreme Court’s directives, states like Karnataka have started to issue compliance notices. Companies with over ten employees are being mandated to set up ICCs and file documentation with local deputy commissioners and labour departments. Officials in Dharwad and Hubballi have warned companies in any delays or inconsistencies in these submissions will not be tolerated.
Under the POSH Act, companies with more than 10 must establish an Internal Complaints Committee (ICC), keeping the following in mind:
- The committee must be chaired by a female employee who holds a senior-level position.
- At least 50% of the members of the ICC must be female.
- At least two members must be committed to the women’s cause or must have experience in social work or have legal knowledge to deal with the cases of sexual harassment.
- At least one member must be selected who is an NGO member, a legal expert, or an individual well-versed in dealing with issues related to sexual harassment.
