POSH Act | Karnataka High Court Disposes PIL For Establishment Of Internal Complaints Committee In All Educational Institutions

The Karnataka High Court on Monday disposed of a PIL seeking directions to the State's Department of Primary and Secondary Education to issue circulars mandating all educations institutes to establish an internal complaint committee (ICC) in the light of Prevention of Sexual Harassment at Workplace Act.

A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal disposed of the petition filed by Kreetams Pro Bono and Centre for Legal Research. In doing so, it relied on Aureliano Fernandes vs State Of Goa whereby the Supreme Court issued a slew of directions to fulfil the promise that the PoSH Act holds out to working women all over the country. Further it directed the Union of India, State Governments and Union Territories to file compliance reports within 8 weeks.

Deputy Solicitor General H Shanthi Bhushan informed the court that Apex court in this detailed judgment took into consideration various factors and considered the issue comprehensively.

“In view of the directions of the Apex court and further direction to Union of Indian, State Government/Union Territories to submit reply in stipulated period, we see no reason to entertain the PIL," the High Court said.

The petitioner had approached the court following an article published on social media platform under the caption “Majority of Public Schools in India don't have means to prevent, Combat Child Sexual Abuse”.

It claimed the article disclosed certain disturbing facts regarding educational institutes and thus strictly adherance to the circular issued by the State government in July 2014.

The bench went through the circular and noted that it is divided into sub-heads focussing on various issues such as responsibilities of parents and responsibility of heads of Institutions and Private school Management committees; child safety protection and action plan; action to be taken by the police department, maintenance of the school vehicles. The circular also lays emphasis on the point that the crimes related to children are to be treated with utmost seriousness and sensitivity. The circular also refers to various Acts of sexual abuses relating to children under POCSO and severe punishment to the guilty person.

Case Title: Kreetams Pro Bono And Centre For Legal Research And Ministry of Secondary and Primary Education & ANR

Case No: WP 5724/2023

Citation: 2023 LiveLaw (Kar) 204

Date of Order: 05-06-2023