Petition in Supreme Court against Bombay HC norms on sexual harassment cases
The plea in the top court challenged the high court’s decision, terming the directions a “death blow” to the freedom of speech and expression
A plea has been filed in the Supreme Court against a Bombay high court order which laid down guidelines to protect identities of parties under the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) and Rules.
The order, passed by Justice G S Patel of the high court on September 24 last year, mentioned a slew of guidelines related to conducting hearings, passing and uploading of orders, and reportage on cases of sexual harassment of women at workplaces, and made it clear that such cases can be either heard “in-camera” or in the judge’s chamber, and no reporting without the nod of the judge will be permitted. Any breach of these directions would amount to contempt of court, the court had observed.
The plea in the top court challenged the high court’s decision, terming the directions a “death blow” to the freedom of speech and expression.
“The high court has failed to take into consideration that any blanket ban or gag order in the form of an injunction restraining the broadcast of true and accurate facts will encroach upon the people’s right to know and violate their right to information, which is an integral part of Article 19(1)(a) of the Constitution. This will have a devastating and detrimental effect on the society at large,” the plea, drafted by advocate Abha Singh on behalf of the victim, said.
Singh also pointed out that the high court order was passed suo moto in a suit filed by the victim seeking compensation for wrongful termination. “This gag order will serve as a tool for powerful men to continue to sexually harass women and thereafter suppress women’s voices on social media and in news media with the help of such gag orders,” the plea said.
