ICC Cannot Dismiss Cases Without Hearing Complainants: Calcutta HC

The Calcutta High Court has ruled that an Internal Complaints Committee (ICC) cannot dismiss workplace sexual harassment cases without giving complainants a proper hearing. The court directed Hiralal Mazumdar Memorial College for Women to reinvestigate a six-year-old complaint and complete the proceedings within 12 weeks after hearing all parties involved.

Court Quashes ICC's Dismissal of Case
Delivering the judgment on February 13, Justice Jay Sengupta quashed the ICC's resolution that dismissed the case. The judge highlighted:
•    No formal notice was served to the complainant.
•    The complainant was not given an opportunity to express her concerns regarding a settlement.
•    The ICC’s resolution to drop the case was a violation of the principles of natural justice.

Case Background
•    An English teacher at the college filed a sexual harassment complaint against a male colleague on September 5, 2018, under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act.
•    The ICC, on July 11, 2023, closed the case, stating the incident occurred at the complainant’s home, not the workplace, and that she had not raised the issue for six years.

Victim Alleges Inaction & Retaliation
•    The complainant stated that she had repeatedly approached authorities but no action was taken.
•    She also alleged that her police complaint was ignored.
•    After the ICC dismissed the case, the accused filed a defamation suit against her.

HC Criticizes ICC & College’s Handling of Case
The High Court strongly criticized the ICC and the college for their negligence in handling the matter. The court remarked:
“It is surprising that although the matter was referred to the ICC, hardly any step was taken. Such laxity by the college and ICC would render the very purpose of the Act nugatory.”

HC’s Final Directive
•    The college and its ICC must reinvestigate the case and ensure all parties are heard.
•    The proceedings must be concluded within 12 weeks.
This ruling underscores the critical responsibility of ICCs in ensuring fair and just proceedings in sexual harassment cases, reinforcing the importance of procedural integrity and victim rights.