Display Penal Consequences Of Sexual Harassment, Provide Complaint No.: Orissa HC Gives Last Chance To Centre, State To Comply With S.19(b) POSH Act

The Orissa High Court has given last chance to authorities under both the Union and the State Government to implement the mandate under Section 19(b) of the Sexual Harassment of Women and Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the ‘POSH Act’).

The said provision requires all the employers to display at any conspicuous place in the workplace, the penal consequences of sexual harassments; and the order constituting the Internal Committee constituted under Section 4(1).

While hearing a Public Interest Litigation (PIL) filed by one Biyat Pragya Tripathy, the Division Bench of former Chief Justice Dr. S. Muralidhar and Justice Murahari Sri Raman had issued notice to the opposite parties on 07.12.2022 directing them to file affidavit showing the status of implementation of Section 19(b) of the POSH Act.

Earlier this month, the matter came up before the Division Bench of Chief Justice Subhasis Talapatra and Justice Savitri Ratho. The Orissa High Court queried the opposite parties about the status of implementation, to which the Central Government Counsel replied that he failed to obtain instruction from the authorities despite of his efforts.

Sujata Dash, counsel for the petitioner submitted that despite an order of the Court, there is no substantial progress in compliance of the previous order. Addl. Govt. Advocate appearing for the State Government conveyed that though the authorities are actively endeavouring to comply with the order, but due to lack of intra-departmental coordination, the mandate could not be fulfilled so far.

Counsel appearing for the Union Government informed the Court that if a direction is passed by the Court for implementation of the provision, then all the authorities who are in control of the public spaces shall put up the ‘billboard’ displaying the penal consequences of sexual harassment at workplaces.

After hearing the submissions made on behalf of all the parties, the Court went on to explain the connotation of ‘workplace’ under Section 2(o) of the POSH Act.

“Therefore, the work place perhaps takes in its fold all the places where the women are to be for different purposes of their social and individual life,” the Court observed.

It was directed that a ‘toll free telephone number' and committed phone number be provided in the billboard so that whenever or wherever the woman perceives threat of sexual harassment or fear of violation of dignity in any manner, she can immediately report for her protection.

Considering the importance of the mandate in question, the Court has directed all the concerned authorities to carry out its direction and implement the said provision within the next three months.

Before parting with the order, the Bench cautioned against non-implementation of the direction and said,

“In terms of the above, this Public Interest Litigation (PIL) is disposed of, but we would fail in our duty, if we do not mention that the violation/non-compliance of the above direction would entail the contempt of Court and this Court shall take a strict view, if such violation is brought to the notice of this Court by any concerned citizen.”

Case Title: Biyat Pragya Tripathy v. Government of Odisha & Ors.

Case No: W.P.(C) No. 33000 of 2022

Date of Order: September 15, 2023

Counsel for the Petitioner: Dr. Sujata Dash, Advocate

Counsel for the Respondents: Ms. S. Patnaik, Addl. Govt. Advocate.; Mr. P.K. Parhi, DSGI along with Mr. B.S. Rayaguru, Central Govt. Counsel

Citation: 2023 LiveLaw (Ori) 100

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