Fair Internal Inquiry Valid Even Without Strict Vishaka Committee Compliance: HC

The Bombay High Court has ruled that a workplace sexual harassment inquiry cannot be invalidated solely on the ground that the Internal Complaints Committee (ICC) was not constituted in the exact manner prescribed under the Vishaka guidelines, as long as the inquiry process is fair and adheres to principles of natural justice.

The court made the observation while hearing a case involving GlaxoSmithKline Pharmaceuticals, where an Industrial Court had earlier held that the company’s internal inquiry was invalid for not strictly following the Vishaka framework.

The High Court clarified that the substance of fairness in the inquiry process is more important than procedural formality. It noted that if the accused is given proper notice of allegations, access to evidence, and a reasonable opportunity to present their defence, the inquiry cannot be set aside merely on technical grounds.

It further observed that while the Vishaka guidelines were introduced to address the absence of legislation at the time, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 now provides the statutory framework governing such complaints.

The court also emphasised that any challenge to an internal inquiry must demonstrate actual prejudice or violation of natural justice, rather than relying only on procedural irregularities.

The case has been remanded to the Industrial Tribunal for fresh consideration in line with the court’s observations.

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