Kreetams Pro Bono And Centre For ... vs Union Of India
2023 Latest Caselaw 2855 Kant

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                                                         WP No. 5724 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF JUNE, 2023

                                         PRESENT

                   THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                              AND

                          THE HON'BLE MR JUSTICE M.G.S. KAMAL

                       WRIT PETITION NO. 5724 OF 2023 (EDN-RES) PIL

              BETWEEN:
              1.     KREETAM'S PRO BONO AND
                     CENTRE FOR LEGAL RESEARCH
                     REPRESENTED BY EXECUTIVE DIRECTOR
                     MS. RENUKA M
                     515 B-WING, 5TH FLOOR
                     MITTAL TOWERS, MG ROAD
                     BENGLAURU - 560 001

                                                                 ...PETITIONER
              (BY SRI. VASANTH J, ADVOCATE)

              AND:
Digitally signed
by AMBIKA H B 1.     UNION OF INDIA
                     MINISTRY OF EDUCATION
Location: HIGH       REPRESENTED BY THE SECRETARIAT
COURT OF             122-C, SHASTRI BHAWAN
KARNATAKA            NEW DELHI - 110 001

              2.     MINISTRY OF PRIMARY AND
                     SECONDARY EDUCATION
                     KARNATAKA
                     REPRESENTED BY THE SECRETARIAT
                     ROOM NO.262, 262A, 2ND FLOOR
                     BENGALURU - 560 001

              3.     DEPARTMENT OF PUBLIC INSTRUCTION
                     REPRESENTED BY SECRETARIAT
                     COMMISSIONER OFFICE
                     NEW PUBLIC OFFICE
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                                             WP No. 5724 of 2023




    NRUPATHUNGA ROAD
    BENGLAURU - 560 001
                                              ...RESPONDENTS
(SRI. SHANTHI BHUSHAN H, DSGI FOR RESPONDENT No.1
 SMT. PRATHIMA HONNAPURA, AGA FOR RESPONDENT Nos.2 AND 3)


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF THE HIGH
COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULE, 2018
PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS TO ISSUE A CIRCULAR MANDATING ALL EDUCATIONAL
INSTITUTIONS TO ESTABLISH AN INTERNAL COMPLAINTS COMMITTEE
(SEXUAL HARASSMENT REDRESSAL COMMITTEE) IN LINE WITH
PREVENTION OF SEXUAL HARASSMENT AT WORK PLACE ACT, 2013
AND ETC.

      THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, CHIEF JUSTICE MADE THE FOLLOWING:



                              ORDER

The learned counsel for the petitioner submits that an article

was published on social media platform under the caption "Majority

of Indian schools don't have means to prevent, combat child sexual

abuse, survey finds" disclosing certain disturbing facts. On the

basis of the said article, the petitioner has approached this Court

with the following prayers:

"(A) To issue a writ of mandamus directing the respondents to issue a circular mandating all educational institutions to establish an Internal Complaints Committee (Sexual Harassment Redressal Committee) in line with Prevention of Sexual Harassment at Work Place Act, 2013.

(B) To issue a writ of Mandamus directing all educational institutions to strictly adhere to the circular issued by respondent 3 dated 23-07-2014

WP No. 5724 of 2023

(Annexure-E) bearing number C7(2) pra.shi.a. Sha.Ma.Ly.Ki/2014-15.

(C) To issue a Writ of Mandamus directing respondent No.1 to direct all the educational boards (State board, CBSE, ICSE, NIOS and all universities to establish establish an Internal Complaints Committee (Sexual Harassment Redressal Committee) in line with Prevention of Sexual Harassment at Work Place Act, 2013."

2. The Government of Karnataka through the Department of

Public Instruction had issued a circular dated 23.07.2014

(Annexure-E) regarding prevention of sexual harassment/rape and

physical abuse targeting students studying in schools and colleges

of the State. In the circular, all the private school managements

were directed to implement certain directions issued on various

aspects such as responsibilities of parents, responsibilities of

heads of institution and private school, management committees,

child safety/protection and action plan, immediate action to be

taken in incidents referred to in detail, actions to be taken by the

police authorities and maintenance of school vehicles. The circular

had emphasised on the point that crimes related to children are to

be treated with utmost seriousness and sensitivity. It also referred

to severe punishment imposed under various provisions of the

WP No. 5724 of 2023

Protection of Children from Sexual Offences Act, 2012 (for short,

"POCSO Act").

3. Sri Shanthi Bhushan H, learned Deputy Solicitor General of

India representing respondent No.1 submits that recently a detailed

judgment and order is passed by Hon'ble the Apex Court in the

matter of AURELIANO FERNANDES vs. STATE OF GOA AND

OTHERS1, a copy of which is made available for ready reference.

He submits that in the judgment cited supra, the judgment passed

by the High Court of Judicature at Bombay Bench, at Goa

dismissing the writ petition was the subject matter and Hon'ble the

Apex Court took into consideration various factors and was pleased

to consider the issue comprehensively.

4. The perusal of the judgment and order cited supra shows

that the Hon'ble Apex Court was pleased to consider the aspect of

sexual harassment at workplace qua the Central Civil Services

(Conduct) Rules of 1964, and development of law under the

caption 'Journey from "Vishaka" case to the PoSH Act" and

ultimately issued certain directions. It may not be out to place to

2023 SCC OnLine SC 621

WP No. 5724 of 2023

state that Hon'ble the Apex Court in paragraph 79, under the

caption 'Epilogue', was pleased to observe as follows:

"Just as we celebrate a decade of the PoSH Act being legislated, it is time to look back and take stock of the manner in which the mandate of the Act has been given effect to. The working of the Act is centered on the constitution of the Internal Complaints Committees (ICCs) by every employer at the workplace and constitution of Local Committees (LCs) and the Internal Committees (ICs) by the appropriate Government, as contemplated in Chapters II and III, respectively of the PoSH Act. An improperly constituted ICC/LC/IC, would be an impediment in conducting an inquiry into a complaint of sexual harassment at the workplace, as envisaged under the Statute and the Rules. It will be equally counterproductive to have an ill prepared Committee conduct a half-baked inquiry that can lead to serious consequence, namely, imposition of major penalties on the delinquent employee, to the point of termination of service. "

(emphasis supplied by us)

Further, Hon'ble the Apex Court in paragraph 81 of the

judgment has observed in following words:

"However salutary this enactment may be, it will never succeed in providing dignity and respect that women deserve at the workplace unless and until there is strict adherence to the enforcement regime and a proactive approach by all the State and non- State actors. ............."

WP No. 5724 of 2023

In paragraph 82 of the judgment, Hon'ble the Apex Court has

issued the directions as under:

"To fulfil the promise that the PoSH Act holds out to working women all over the country, it is deemed appropriate to issue the following directions :

(i) The Union of India, all State Governments and Union Territories are directed to undertake a timebound exercise to verify as to whether all the concerned Ministries, Departments, Government organizations, authorities, Public Sector Undertakings, institutions, bodies, etc. have constituted ICCs/LCs/ICs, as the case may be and that the composition of the said Committees are strictly in terms of the provisions of the PoSH Act.

(ii) It shall be ensured that necessary information regarding the constitution and composition of the ICCs/LCs/ICs, details of the e-mail IDs and contact numbers of the designated person(s), the procedure prescribed for submitting an online complaint, as also the relevant rules, regulations and internal policies are made readily available on the website of the concerned Authority/Functionary/Organisation/ Institution/Body, as the case may be. The information furnished shall also be updated from time to time.

(iii) A similar exercise shall be undertaken by all the Statutory bodies of professionals at the Apex level and the State level (including those regulating doctors, lawyers, architects, chartered accountants, cost accountants, engineers, bankers and other professionals), by Universities, colleges, Training Centres and educational institutions and by government and private hospitals/nursing homes.

(iv) Immediate and effective steps shall be taken by the authorities/managements/employers to familiarize members of the ICCs/LCs/ICs with their duties and

WP No. 5724 of 2023

the manner in which an inquiry ought to be conducted on receiving a complaint of sexual harassment at the workplace, from the point when the complaint is received, till the inquiry is finally concluded and the Report submitted.

(v) The authorities/management/employers shall regularly conduct orientation programmes, workshops, seminars and awareness programmes to upskill members of the ICCs/LCs/ICs and to educate women employees and women's groups about the provisions of the Act, the Rules and relevant regulations.

(vi) The National Legal Services Authority(NALSA) and the State Legal Services Authorities (SLSAs) shall develop modules to conduct workshops and organize awareness programmes to sensitize authorities/managements/employers, employees and adolescent groups with the provisions of the Act, which shall be included in their annual calendar.

(vii) The National Judicial Academy and the State Judicial Academies shall include in their annual calendars, orientation programmes, seminars and workshops for capacity building of members of the ICCs/LCs/ICs established in the High Courts and District Courts and for drafting Standard Operating Procedures (SOPs) to conduct an inquiry under the Act and Rules.

(viii) A copy of this judgment shall be transmitted to the Secretaries of all the Ministries, Government of India who shall ensure implementation of the directions by all the concerned Departments, Statutory Authorities, Institutions, Organisations etc. under the control of the respective Ministries. A copy of the judgment shall also be transmitted to the Chief Secretaries of all the States and Union Territories who shall ensure strict compliance of these directions by all the concerned Departments. It shall

WP No. 5724 of 2023

be the responsibility of the Secretaries of the Ministries, Government of India and the Chief Secretaries of every State/Union Territory to ensure implementation of the directions issued.

(ix) The Registry of the Supreme Court of India shall transmit a copy of this judgment to the Director, National Judicial Academy, Member Secretary, NALSA, Chairperson, Bar Council of India and the Registrar Generals of all the High Courts. The Registry shall also transmit a copy of this judgment to the Medical Council of India, Council of Architecture, Institute of Chartered Accountants, Institute of Company Secretaries and the Engineering Council of India for implementing the directions issued.

(x) Member-Secretary, NALSA is requested to transmit a copy of this judgment to the Member Secretaries of all the State Legal Services Authorities. Similarly, the Registrar Generals of the State High Courts shall transmit a copy of this judgment to the Directors of the State Judicial Academies and the Principal District Judges/District Judges of their respective States.

(xi) The Chairperson, Bar Council of India and the Apex Bodies mentioned in sub-para (ix) above, shall in turn, transmit a copy of this judgment to all the State Bar Councils and the State Level Councils, as the case may be."

5. The above referred decision is rendered by Hon'ble the Apex

Court very recently i.e. on 12.05.2023. The Union of India and all

States/UT were directed to file their affidavits within eight weeks for

reporting compliance and the matter was directed to be listed after

eight weeks.

WP No. 5724 of 2023

6. In view of the directions of Hon'ble the Apex Court referred to

above and further direction issued to the Union of India and all

States/ Union Territories to submit their response within stipulated

period, we see no reason now to entertain the present public

interest litigation.

7. We appreciate the assistance and prompt response of Sri

Shanthi Bhushan, learned Deputy Solicitor General of India.

8. The petition is accordingly dismissed.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB