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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANIKUMAR, SHAJI P. CHALY, JJ.
Women in Cinema Collective – Petitioner
Versus
State of Kerala – Respondent
W.P. (C) Nos. 33994, 34273, 36059 of 2018
Decided On : 17-03-2022
Sexual Harassment - Workplace - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - The judgment discusses the obligations of organizations related to the film industry to constitute an Internal Complaints Committee as per the Act, 2013. It also clarifies the responsibilities of political parties and other establishments in maintaining a workplace free from sexual harassment.
Fact of the Case:
The writ petitions were filed by various organizations seeking to constitute a grievance redressal mechanism against sexual harassment in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The petitions primarily focused on the obligations of organizations related to the film industry and political parties to address sexual harassment at the workplace.
Finding of the Court:
The court found that the production unit of each film industry is an establishment employing Actor Artists and other workers and therefore, such production units have to maintain an Internal Complaints Committee if they are engaging more than 10 workers. It also clarified the obligations of respondent organizations related to the film industry and political parties in maintaining a workplace free from sexual harassment.
Issues: The main issue was to determine the obligations of organizations related to the film industry and political parties in maintaining a workplace free from sexual harassment as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Ratio Decidendi: The judgment clarified that organizations related to the film industry and political parties are obligated to maintain an Internal Complaints Committee if they are engaging more than 10 workers. It also emphasized the importance of creating a workplace free from sexual harassment as per the provisions of the Act, 2013.
Final Decision: The court directed the respondent organizations related to the film industry to constitute a joint committee to deal with sexual harassment of women, which would protect the dignity and rights of women in the film industry. It also disposed of the writ petitions with the given observations and directions.
JUDGMENT :
SHAJI P. CHALY, J.
1. Captioned writ petitions are all Public Interest Litigations filed by various organisations seeking to constitute a grievance redressal mechanism against the sexual harassment as per the directions of the Hon'ble Supreme Court in Vishakha vs. State of Rajasthan, (1997) 6 SCC 241 and in accordance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, hereinafter called Act, 2013.
2. Even though the reliefs sought for in the writ petitions are similar in nature against the various organisations having connections with film, Television and other allied activities, and against various political organisations, the issues are to be adjudicated, taking into account the provisions of the Act, 2013 since primarily it will have to be decided as to whether the provisions of the Act, 2013, applies to the organisations in question. Therefore, it is only appropriate that the reliefs sought for in the captioned writ petitions are extracted separately in order to have a proper understanding of the issues.
The reliefs sought for in W.P. (C) No. 33994 of 2018 are as follows:
(1) Issue a writ of mandamus or any other writ order or direction declaring that the 3rd Respondent Association is legally obliged to constitute a complaints committee against sexual harassment for its members in accordance with the guidelines laid down by the Honourable Supreme Court in Vishaka vs. State of Rajasthan, (1997) 6 SCC 241 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
(2) Issue a writ of mandamus or any other appropriate writ order or direction compelling the Respondents to appoint a complaints committee against sexual harassment, comprising of suitable and independent members, for the 3rd Respondent Association in accordance with the guidelines laid down by the Honourable Supreme Court in Vishaka vs. State of Rajasthan, (1997) 6 SCC 241 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 within a time limit prescribed by this Hon'ble Court.
(3) Issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit and just in the circumstances of the case.
The reliefs sought for in W.P. (C) No. 34273 of 2018 are as follows:
(1) Issue a writ of mandamus or any other writ, order or direction declaring that the Respondent Associations are legally obliged to constitute a complaints committee against sexual harassment for its members in accordance with the guidelines laid down by the Honourable Supreme Court in Vishaka vs. State of Rajasthan, (1997) 6 SCC 241 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and comply with the various guidelines and the provisions of Act 14 of 2013 for prevention of sexual harassment at work places in letter and spirit.
(2) Issue a writ of mandamus or any other appropriate writ, order or direction compelling the third Respondent and its members to ensure that a complaints committee against sexual harassment, comprising of suitable and independent members, in accordance with the guidelines laid down by the Honourable Supreme Court in Vishaka vs. State of Rajasthan, (1997) 6 SCC 241 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and comply with the various guidelines and the provisions of Act 14 of 2013 for prevention of sexual harassment at work places in letter and spirit.
(3) Issue a writ of mandamus or any other appropriate writ, order or direction compelling the Fourth Respondent and its members to ensure that a complaints committee, comprising of suitable and independent members, in accordance with the guidelines laid down by the Honourable Supreme Court in Vishaka vs. State of Rajasthan, (1997) 6 SCC241 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is constituted to enquire into complaints whi
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