HC frames guidelines for POSH hearings, media coverage

In the absence of any guidelines for conducting and covering proceedings of sexual harassment of women at workplace, the Bombay high court recently framed the same to ensure that the identities of the parties were not disclosed during such hearings.

In the absence of any guidelines for conducting and covering proceedings of sexual harassment of women at workplace, the Bombay high court recently framed the same to ensure that the identities of the parties were not disclosed during such hearings. The guidelines apply not only to courts and its officers but also to the parties involved as well as the media.

The guidelines apply not only to courts and its officers but also to the parties involved as well as the media.

The single judge bench of justice Gautam Patel while hearing a suit related to workplace harassment filed on behalf of the plaintiff by advocate Abha Singh against the defendants represented by senior advocate Dr Birendra Saraf, advocates Shweta Jaydev and Lancy D’Souza held that as the issue involved the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the POSH Act) and Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (the POSH Rules), the protection of the identities of the parties was imperative.

With regards to disclosing personally identifiable information (PII), the guidelines forbid disclosure of the same in documents as well as orders and also directs the registry of the court not to retain any document that can identify the party. The orders also cannot be dictated in open court nor can be uploaded in public domain. The guidelines also restrains court officers, parties and witnesses to share any information of the proceedings or the parties to third party as the hearings would be held in-camera and in chambers thus disallowing any other person other than those involved in the case to know about the case. During hearings even court staff will not be permitted to remain present.

The guidelines warns of contempt proceedings against errant parties who disclose details of the proceedings and states that the media has to strictly abide by the non-disclosure of identity rule. Any disclosure to media would require leave of the court.