Kerala High Court Decisions Clarify POSH Act Obligations

Kerala High Court Decisions Clarify POSH Act Obligations for Political Parties and Film Production Units

Judgement Given On :

In recent rulings, the Kerala High Court has offered crucial interpretations of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (“POSH Act”). These judgments address the responsibilities of political parties and film production units under the POSH Act, while also examining the effective implementation of the Act in Kerala through a Public Interest Litigation (PIL).

• Political Parties Exempt from ICC Requirement: In the case of Centre for Constitutional Rights Research and Advocacy vs. State of Kerala & Ors., the Kerala High Court deliberated whether political parties are mandated to establish Internal Complaints Committees (“ICCs”) under the POSH Act. The petitioner sought directives for INC, BJP, and CPI(M) to institute ICCs within their respective political organizations.

• The Court delved into the definition of an “employee” as per the POSH Act and determined that an individual must be employed at a workplace to be considered an employee. Since political parties lack an employer-employee relationship with their members and do not fall within the definition of a “workplace,” they are not compelled to form ICCs. This judgment establishes that ICCs are not obligatory for political parties due to the absence of such a relationship among their members.

• Film Production Units Must Establish ICCs: In the case of Women In Cinema Collective vs. State Of Kerala, the Kerala High Court addressed the obligation of film production units to constitute ICCs under the POSH Act. The petitioner, Women in Cinema Collective, argued that the Association of Malayalam Movie Artists (“AMMA”) had failed to establish ICCs as mandated by the POSH Act. The Court examined whether an employer-employee relationship existed between actors/artists and the production units.

• The Court held that while film production units were not considered employers of actors/artists, they did employ their own staff. If a production unit had more than 10 workers/actors/artists, it was legally required to establish an ICC. The Court concluded that each individual production unit served as the workplace for a specific film, necessitating the establishment of ICCs. This ruling underscores the significance of ICCs within the film industry.

Implementation of the POSH Act in Kerala

A PIL was filed in the Kerala High Court to ensure the effective implementation of the POSH Act in the state. The petitioner alleged that the State Government had inadequately established and reconstituted Local Complaints Committees (LCCs) as mandated by the Act. The petitioner contended that this non-implementation violated various constitutional articles.

The State government argued that significant steps had been taken to implement the POSH Act and provided statistics on the number of institutions visited, notices issued, and complaints received and resolved.

The Court acknowledged the State Government’s efforts to implement the POSH Act but stressed the necessity for strict enforcement. It directed the government to promptly reconstitute LCCs when their terms expired and to ensure full compliance with the Act and its rules. The Court also underscored the importance of public awareness regarding the existence of LCCs.

These Kerala High Court rulings offer clarity regarding the obligations of political parties, film production units, and the state government in implementing the POSH Act. While political parties are exempt from establishing ICCs, film production units must adhere to these requirements. Additionally, the Court emphasized the importance of effective implementation and public awareness in combating workplace sexual harassment.