VIDHYA AKHAVE vs. UNION OF INDIA (2016) 

LEGAL SUBJECTS - Prevention of Sexual Harassment, Internal Complaints Committee (ICC), Sexual Harassment Law. 

CITATION OF THE CASE –

W. P No. 796 of 2015.

FACTS –

  Vidya Akhave, the petitioner, was an employee of the Ministry of Railways. She filed a writ petition challenging the findings of the Internal Complaints Committee (ICC) concerning her complaint of sexual harassment against a colleague. Akhave filed a complaint against her colleague alleging sexual harassment, which included inappropriate remarks and behavior.  The ICC conducted an inquiry into the allegations, during which it examined witnesses and reviewed evidence. The ICC found that while some allegations were substantiated, the punishment imposed on the accused was deemed insufficient by Akhave. She argued that the penalty did not reflect the severity of the misconduct. 

ISSUES -

 Whether the punishment imposed by the Internal Complaints Committee was adequate given the nature of the allegations.  The extent to which the High Court could interfere with the findings and decisions made by the ICC under the POSH Act.

·       DECISION BY COURT -

    The Bombay High Court ruled on October 4, 2016, addressing several points: Interference with ICC Decisions: The court established that it would not interfere with an order made by an ICC unless it was "shockingly disproportionate" to the act committed by the employee. Affirmation of ICC's Authority: The court upheld the authority of ICCs to investigate and adjudicate complaints under the POSH Act, emphasizing that their findings should be respected unless there is a clear violation of principles of natural justice or if their decision is grossly disproportionate.  Importance of Transparency and Fairness: The court highlighted that while it respects the findings of internal committees, there must be transparency in proceedings and adherence to fair practices.

R  IMPORTANCE OF THE CASE – 

     This case reinforced the authority and autonomy of ICCs established under the POSH Act to handle sexual harassment complaints within organizations. It set a precedent for how courts should approach cases involving workplace sexual harassment, emphasizing respect for internal processes while ensuring fairness and justice for the complainant. The ruling provided guidance on what constitutes an acceptable level of punishment for acts of sexual harassment, indicating that courts would only intervene in extreme cases where penalties are grossly inadequate.

     Complied by Adv. Bincy Benny, Research and Training Admin, ATPA