ICC can’t close sexual harassment complaint without inquiry: HC

A single judge bench of Justice Sandeep Marne said section 11(1) of the POSH Act uses the term “shall”, making it clear that an inquiry is mandatory, not optional. Thus, when the ICC receives a sexual harassment complaint, it is “bound to conduct the inquiry”.

MUMBAI: The Bombay high court on Wednesday said the Internal Complaints Committee (ICC) of an organisation cannot summarily close sexual harassment complaints filed under the Prevention of Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) and ruled that complainants can appeal to the industrial court against such closures.

Delhi recorded maximum number of complaints of sexual harassment in educational institutions between April 1, 2014 and March 31, 2015. (Photo: Shutterstock)

A single judge bench of Justice Sandeep Marne said section 11(1) of the POSH Act uses the term “shall”, making it clear that an inquiry is mandatory, not optional. Thus, when the ICC receives a sexual harassment complaint, it is “bound to conduct the inquiry”.

The court passed the order on petitions filed by three executives from an infrastructure investment trust. They challenged an order from the industrial court on May 4, 2026, which held that an employee’s appeal against one of the petitioners was maintainable and remanded the matter back to the ICC for fresh adjudication.

The complainant joined the trust on August 1, 2023, and resigned on October 12, 2023, because she found continuing employment “unbearable due to various factors”. On October 28, 2023, her last working day, she filed a complaint with the ICC against a committee member.

Within an hour, the ICC emailed her, stating the complaint was outside its jurisdiction for an inquiry because it lacked any element of sexual harassment. The woman then appealed to the industrial court, challenging the closure of her complaint.

The accused member and two other executives of the trust objected to the appeal, citing a certain POSH Act provision stating that an appeal is maintainable only against an ICC “recommendation”.

The industrial court, however, held the complaint maintainable and remanded the matter back to the ICC for fresh adjudication, prompting the executives to approach the high court.

On Wednesday, the high court also ruled that when the ICC receives a sexual harassment complaint, it is “bound to conduct the inquiry.” “A ruling by the Internal Committee that the complaint does not constitute sexual harassment, which is arrived at without holding any inquiry, would still be a ‘recommendation’ within the meaning of Section 13(2) of the POSH Act,” the court said. “Otherwise, appellate scrutiny of the ICC’s decision can be easily avoided by rejecting every complaint at the threshold.”

With this observation, Justice Marne remanded the matter back to the industrial court for fresh adjudication.