Sexual Harassment At Workplaces| Kerala HC Calls For Prompt Re-Constitution Of Local Complaints Committee Under POSH Act Upon Expiry Of Its Term

While dealing with a Public Interest Litigation (PIL), the Kerala High Court directed the concerned authorities to take steps to reconstitute the Local Complaints Committee established under the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013, whenever its term expires.

A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly disposed of a PIL noting that the provisions of the Act were to be strictly implemented. 

"As the petitioner has a case that the Local Complaints Committee is not constituted immediately on its expiry, we are of the view that since the Act 2013 is to be strictly enforced, respondents have to take steps to reconstitute the committee whenever its term expire. It is also directed that adequate steps shall be taken to implement the provisions of 2013 Act and the Rules."

It was further clarified that sufficient publicity shall be made by the respondents regarding the constitution of the Local Complaints Committee in contemplation of the provisions of the 2013 Act and Rules.

The petitioner appeared in person and argued that unless a direction is issued by this Court, provisions of the Act would not be effectively implemented in the State. He submitted that there is an absolute failure on the part of the State to ensure the functioning of the Local Complaints Committee as provided under the Act.

The petitioner alleged lethargy on the part of the State Government in appointing the Local Complaints Committee and failure on the part of the Government to re-constitute the same on the expiry of the term of the committee. 

However, Senior Government Pleader V. Manu filed a statement explaining the steps taken, in each of the Districts referred to in the writ petition, to contend that effective steps are taken for appointing the members of the Local Complaints Committee. 

On the basis of these averments, he submitted that the issues raised in the petition do not survive anymore.

After perusing the pleadings and materials on record, the Court noted that the statement made it clear that the grievances highlighted by the petitioner have already been addressed by the State Government by constituting the Local Complaints Committee, in terms of the provisions of the 2013 Act and the Rules.

It was also clear from the statement that although there was disqualification to one of the members of Palakkad District Local Complaints Committee consequent, it was re-constituted by 23.7.2021.

The petitioner had also alleged that fees were not being paid to the members of the Committee, however, it was observed that non-payment of fees to a member cannot be a concern for a public interest litigant.

As such, the Bench decided to dispose of the petition recording that the grievances of the petitioner were already addressed by the State. 

Case Title: Ukkash A v. State of Kerala & Ors. 

Citation: 2022 LiveLaw (Ker) 146

Click Here To Read/Download The Order