PoSH Act Jurisdiction In The RG Kar Case: Legal Analysis of IC’s Authority

The R.G. Kar doctor rape-murder case is one of the most gruesome sexual assault crimes in recent memory. This heinous crime has shaken the entire country while simultaneously raising concerns over women’s safety in the workplace and other institutions. This blog will review the R.G. Kar Medical College case, the court’s judgement, whether the Internal Committee (IC) of Kolkata Police would have jurisdiction to investigate sexual harassment complaints against civic volunteers and how PoSH training aims to reduce such cases in the future.

On 9 August 2024, a 31-year-old female postgraduate trainee doctor was found murdered at the aforementioned R. G. Kar Medical College and Hospital in Kolkata. The dead body of the woman was found in a seminar room on campus in questionable condition. While the body was found with her eyes, mouth, and genitals bleeding, initially, the college authorities declared the case a suicide. However, a subsequent autopsy revealed that the victim had been raped and sexually assaulted before being killed via strangulation.

Following the civic unrest and outrage over the case, a civic volunteer, Sanjay Roy, with the Kolkata Police disaster management force, was arrested. Sandip Kumar Ghosh, an orthopaedic surgeon and the principal of the college, was also detained and questioned. One of the key concerns during this time was the destruction of evidence by the college management and the police’s handling of the investigation.

Fearing this, the Calcutta High Court assigned the case to the Central Bureau of Investigation (CBI) four days after the incident. On 18th August, the Supreme Court took suo moto cognisance of the case. Two days later, a three-judge bench, including Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Mishra, heard the matter.

Employee

The PoSH Act defines the term “employee” under Section 2(f) as “a person employed at a workplace for any work on a regular, temporary, ad hoc, or daily wage basis, either directly or through an agent, including a contractor, with or without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied, and includes a co-worker, a contract worker, a probationer, a trainee, an apprentice, or one called by any other such name.”

Employer

The term “employer” is defined under Section 2(g) as “any person responsible for the management, supervision, and control of the workplace and includes the person or board or committee responsible for the formulation and administration of policies for such organisation.”

Workplace

And defines “workplace” under Section 2(o) as “any department, organisation, undertaking, establishment, enterprise, institution, office, branch, or unit which is established, owned, controlled, or wholly or substantially financed by funds provided directly or indirectly by the appropriate government or the local authority or a government company or a co-operative society.”

1. Employment Connection

Civic volunteers fall under the definition of “employee” as per Section 2(f) of the PoSH Act, as the police department employs them. They work under supervision, perform official duties, follow protocols, may or may not receive stipends, operate voluntarily, and are fully embedded within the department’s operational framework.

2. Workplace Integration

Civic volunteers are functionally integrated into the police department. They are assigned duties, participate in command structure and supervision systems, use resources, require identification, and have the authority to represent the department. Their role and presence reflect full operational assimilation, which supports their classification as part of the workplace environment under applicable law.

1. Employment Coverage

The PoSH Act defines “employee” broadly, including voluntary workers, contractual staff, trainees, and temporary personnel. Even unpaid or informally engaged individuals are covered when terms are expressed or implied. Civic volunteers meeting these criteria are entitled to protection as well as prosecution under the Act due to their formal association and structured participation.

2. Organisational Control

In the above case, Kolkata Police functions as the “employer” by managing deployment, assigning duties, supervising work, and conducting mandatory training for civic volunteers. The department exercises administrative authority, enforces discipline, and issues operational protocols, demonstrating its control over volunteers and reinforcing its responsibilities under statutory employer obligations.

Civic volunteers operate under the police department’s authority, with oversight on their conduct, performance, and discipline. Hence, the department’s Internal Complaints Committee (ICC/IC) has jurisdiction over the volunteers. Due to this, they can be legally prosecuted under the PoSH framework.

Extending IC jurisdiction to civic volunteers aligns with the PoSH Act’s broad protective scope and legislative intent. This interpretation supports the PoSH Act’s legal principles of public safety, accountability, and serving the public interest. This analysis demonstrates that IC jurisdiction is legally valid and statutorily required for the proper implementation of the PoSH Act in cases involving civic volunteers.

Section 6(iv) of the PoSH Act ensures the right to file a complaint after the death of the aggrieved woman. The person filing the complaint must have direct and relevant incident knowledge, factual understanding, and credible supporting evidence. The legal heir must provide written consent, support complaint filing, authorise investigation, enable proceedings, and participate if required. This ensures that justice can be pursued posthumously, reinforcing the Act’s protective scope and enabling accountability even after the victim’s death.

Conclusion

The R.G. Kar Medical College case underscores the urgent need for robust implementation of the PoSH Act, 2013, across all institutions. Civic volunteers, while being “employed” by the police department, are subject to the prosecution of the department’s IC. In the above case, recognising civic volunteers within the ambit of the PoSH Act ensures accountability and upholds the law’s protective intent.

Complykaro helps to ensure your organisation is compliant with the PoSH Act, 2013, including sensitising the employees, training the IC, and creating an anti-sexual-harassment policy. Contact us today for PoSH training and compliance solutions.