In a significant ruling aimed at tightening workplace protections, the Supreme Court of India has directed that every establishment employing more than ten staff must constitute an Internal Complaints Committee (ICC) under the POSH Act (Prevention of Sexual Harassment, 2013). The court said the measure is essential to plug long-standing gaps in enforcement and ensure that sexual harassment complaints are addressed swiftly and credibly.
The order builds on the Vishaka Guidelines of 1997, which first established the framework for workplace redressal of sexual harassment, and reinforces the obligations created under the POSH Act. In December 2024, the Supreme Court had described the patchy implementation of the law as “disquieting”, particularly in smaller firms and regional offices, before issuing more binding directions earlier this year, reported The Times of India.
Officials in Karnataka have begun issuing compliance notices, ordering businesses with more than ten employees to set up ICCs and file documentation with local deputy commissioners and labour departments. Authorities in Dharwad and Hubballi have already warned that delays or incomplete submissions will not be tolerated.
What employers must do
Under the POSH Act, an ICC must be chaired by a senior female employee and include at least two members with legal or social work expertise, along with an external member from an NGO or similar body. Crucially, at least half of the committee’s members must be women.
The committees are also mandated to:
conduct inquiries within 90 days of receiving a complaint;
maintain confidentiality throughout proceedings;
file annual reports with district officers.
The move represents a decisive step towards embedding gender justice in the workplace. By insisting on functioning complaint bodies in every firm with more than ten staff, the Supreme Court has closed off avenues for evasion and sent a clear signal: protection from harassment is not optional, it is a legal right.