Orissa High Court last warning to Comply with Section 19b of PoSH Act 2013
The court ruled that the aforementioned clauses mandate that all employers post the legal repercussions of sexual harassment in the workplace in a conspicuous location and that the order establishing the Internal Committee as required by Section 4(1) must be followed.
Orissa High Court last warning to Comply with Section 19b of PoSH Act; Display penal consequences of sexual harassment, provide complaint number.
The Biyat Pragya Tripathy case was heard by the Orissa High Court. The Authorities under the Union and State Governments have been given one final opportunity to carry out the requirements of Section 19(b) of the Sexual Harassment of Women and Workplace (the Prevention, Prohibition and Redressal) Act, 2013, also known as the “POSH Act,” after the Government of Odisha & Ors noticed the situation.
The court ruled that the aforementioned clauses mandate that all employers display the panel consequences of sexual harassment in the workplace in a conspicuous location, and that the order establishing the Internal Committee as required by Section 4(1) must be followed.
Biyat Pragya Tripathy filed the petition, which was heard by a division bench consisting of Chief Justice Dr. S. Muralidhar and Justice Murahari Sri Raman. On December 7, 2022, the court gave notice to the opposing parties and ordered them to submit an affidavit outlining the progress of the implementation of Section 19(b) of the POSH Act.
When the case was previously heard by the division bench of Chief Justice Subhasis Talapatra and Justice Savitri Ratho, the court asked the opposing parties about the status of implementation. The counsel representing the Central Government responded that, despite his efforts, he had been unsuccessful in getting instructions from the authorities.
Sujata Dash, the petitioner’s attorney, argued before the court that despite the order being made, there had been no movement in following the earlier directive. Although the authorities are actively working to comply with the ruling, an additional government advocate speaking on behalf of the State Government explained that the mandate could not yet be accomplished since there was insufficient intra-departmental coordination.
Additionally, the Union Government’s attorney has notified the court that if the direction is being followed, it will be in substantial conformity with the prior order. Although the authorities are actively working to comply with the ruling, an additional government advocate speaking on behalf of the State Government explained that the mandate could not yet be achieved due to a lack of intra-departmental cooperation.
After hearing all of the parties’ comments, the court moved on to explain the meaning of ‘workplace’ as specified in Section 2(0) of the POSH Act.
The court also ordered that a ‘toll-free telephone number and committed phone number be provided on the billboard, so that whenever or wherever the woman perceives a threat of sexual harassment or fear of violation of dignity in any way, she can immediately report for her protection.
The court in the case directed the relevant agencies to carry out its directive and implement the aforementioned rule within the next three months.
The bench in the case observed and warned against non-implementation of the direction stated that this public interest litigation, PIL, is disposed of, but this court fails in our duty, and if this court does not mention that the violation or non-compliance of the above direction would entail contempt of Court and this Court shall take a strict view, and if such violation is brought to the attention of this Court by any concerned citizen.
For petitioner’s counsel advocate, Dr. Sujata Dash appeared.
Ms. S. Patnaik, Additional Government Counsel, Mr. PK. Parhi, DSGI, and Mr. B.S. Rayaguru, Central Government Counsel, represented the respondent.
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