The PoSH Act mandates the establishment of Internal Committees for addressing sexual harassment complaints, and deficiencies in their formation and function undermine the Act's objectives, requiring government accountability and action.

ORDER :

R.N. MANJULA, J.

For the sake of convenient discussion and understanding the contents of this order is divided into seven parts as given below:

PART -I

Statement about the consent given by the petitioners

Before proceeding to the facts and discussion in these matters, the reasons for disclosing the names of the aggrieved women, who are the petitioners in W.P.(MD). No.9747/2024 and W.P. 12601/2024, and who had given complaints alleging sexual harassment in their respective work places have to be stated.

2. When it was assured to the aggrieved women who are the petitioners in W.P.(MD).No.9747/2024 and W.P.(MD).No.12601/2024 that their names and details leading to disclosing their identities will not be revealed in the cause title or the copies furnished to them, in view of the special provision under sec.16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short -“PoSH Act”) to protect privacy. Surprisingly, the respective counsels for these petitioners submitted that these petitioners don’t have any objection to mention their names and they wished it to be done in their best interest. They have also filed affidavits in this regard. Hence the names of these petitioners have been mentioned in the cause title and in the discussion wherever necessary.

2.1. However, in the event of media and press reporting, the names of these petitioners shall not be disclosed without their consent or by getting permission from this court.

PART- II

Facts of the case and course of the events leading to the larger interest

W.P. (MD) 13981/2024 and W.P. (MD) .No.9747/2024

3. Dr.Supraja, who is the petitioner in W.P. (MD) 13981/2024 is working as an Assistant Medical Officer / in-charge of Residential Medical Officer of the third respondent Medical College Hospital. Dr.Reshmi M Nair, who is the petitioner in W.P.(MD)No. 9747/2024 and is a colleague of Dr.Supraja and she is also working as an Assistant Medical Officer in the same hospital.

4. Dr.Reshmi M.Nair (W.P.(MD).No.9747 of 2924) has filed the writ petition for seeking a writ of mandamus to direct the first and second respondents to take disciplinary action against the fourth and fifth respondents by forming an independent committee based on her representation. At the relevant point of time when the petitioner gave the complaint dated 16.10.2023 against the fifth respondent he was in-charge of Resident Medical Officer (RMO). The petitioner had to report to him for duty. As per the directions of the third respondent Principal, the petitioner was assisting the fifth respondent in his official works. By taking advantage of that proximity, the fifth respondent developed unwelcome and sexually coloured conversations with her. On 16.10.2023, she had given a complaint against him to the third respondent Principal. The third respondent Principal did not take any action on the complaint. Instead on 17.10.2023, he called for explanation from the petitioner for lodging the complaint on 16.10.2023, on which day she was on leave.

5. The Personal Assistant of the Principal had also indulged in such kind of sexual harassment and the aggrieved persons have given complaints