Case Anupama Khanna vs. DPS Mathura Road

Case Anupama Khanna vs. DPS Mathura Road

Understanding the Function of ICC in Sexual Harassment Matters

A school should be a safe, nurturing environment where students and staff can focus on learning, teaching, and personal development without fear or intimidation. Ensuring the safety and dignity of every individual, especially women, is not just a legal obligation but also a moral responsibility. When harassment occurs within educational institutions, it disrupts the trust, well-being, and performance of those affected. To address such concerns, India’s Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) provides a structured framework that empowers individuals to report grievances and ensures organizations take appropriate action.

Background of the Case

The case involved serious allegations of sexual harassment by a school principal against a female teacher. The complainant accused the Principal of inappropriate behavior, including peeping into classrooms and staring at her in ways that made her uncomfortable. She further alleged that after raising these concerns, she faced mental harassment from the management in the form of unwarranted memos, adverse performance evaluations, and attempts to tarnish her reputation. She also contended that the Internal Complaints Committee (ICC) failed to conduct a fair and impartial inquiry and that the process lacked adherence to natural justice.

The complainant filed an appeal under Section 18 of the POSH Act, challenging the ICC’s final report dated 08.06.2018, which cleared the Principal of wrongdoing. She raised concerns about procedural flaws, bias, and harassment following her complaint.

Important Issues Addressed by the Tribunal

Constitution of ICC vs. Local Complaints Committee (LCC):

The complainant contended that, as the accused was in a position of authority, the ICC could not have been constituted. The tribunal explained, however, that the accused was not the employer and did not have appointment powers, thereby upholding the constitution of the ICC by the school’s Managing Committee.

Natural Justice and Procedural Fairness:

The tribunal stressed that ICCs are fact-finding tribunals aimed at providing quick and problem-free redress without adherence to technical procedures or rules of evidence. What is most crucial is whether natural principles of justice have been adhered to, and the inquiry was unbiased.

Evaluation of Sexual Harassment Complaints

The court observed that not all disagreements or baseless allegations constitute sexual harassment under the law. The definition in Section 2(n) of the POSH Act covers unwelcome physical, verbal, or non-verbal conduct of a sexual nature in the form of advances, comments, or pornography—not routine supervisory conduct or administrative memos.

Evidence

Courts are not intended to replace ICC conclusions with their ruling on the merits. Their intervention is restricted to ascertaining whether the due process was adopted. The tribunal also rejected the application for leave to submit further documents because they were not essential for the determination.

Findings of the Tribunal

• The inquiry was held fairly without prejudice.
• The complainant’s allegations did not cross the threshold of sexual harassment.
• The activities of the accused—like observing classes or wishing someone on their birthday—were justified as collegiate or administrative procedures.
• The tribunal maintained the validity of the ICC report and rejected the appeal.

Lessons from the Case

• Proper Constitution Matters – The ICC should be constituted according to statutory requirements, but if there are initial lapses, corrective action can legitimate proceedings.
• Natural Justice is Key – Fairness in the inquiry is more valuable than strict procedures or formalities.
• Not Every Complaint is Harassment – A factual grievance requires facts, intent, and application to the legal definition.
• ICC’s role is fact-finding, not adjustments. Courts protect the process but must refrain from interfering with all the findings unless procedural failures.

In our company, NBC Elite, we are of the opinion that a safe working environment is an efficient working environment, and legal empowerment of employees is the key to long-term organizational development.