Mitali Palnitkar
Published on: March 17, 2022 at 19:07 IST
The Kerala High Court observed that it is the responsibility of Film Production Houses to Form Internal Complaints Committee (ICC) as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013; also known as the POSH Act.
The Division Bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly was hearing a Public Interest Litigation filed by Women in Cinema Collective (WCC) seeking Establishment of Grievance Redressal Mechanism in the Association of Malayalam Movie Artists (AMMA) for Prevention of Sexual Harassment of Women at Workplaces.
It recorded that Association of Malayalam Movie Artists Volunteered for Constituting Internal Complaints Committee.
However, it added that it shall be in accordance with the POSH Act. It further held that other related Associations with more than ten Employees shall have an Internal Complaints Committee as per the Statute.
Women in Cinema Collective was formed by a few Actors after the Controversy on Sexual Assault of an Actor in 2017. It was Alleged that Actor Dileep had hatched the Conspiracy.
In the Case, Association of Malayalam Movie Artists (Petitioner) defended Dileep instead of Protecting the Survivor. In 2018, Women in Cinema Collective members declared in a Press meet that they lost faith in Association of Malayalam Movie Artists.
In the Plea, the Primary Contention was that the Association did not Constitute Internal Complaints Committee as mandated by the Supreme Court in the Vishaka Case and POSH Act.
Advocate Santhosh Mathew representing Women in Cinema Collective, argued that the Kerala Film Chamber of Commerce was Bound by the provisions of Vishaka Judgment and the Act as it is a Society comprising Investors. It should have asked all the Producers to constitute a Complaints Committee.
It was further Argued that due to the Association’s Omission, their Fundamental Rights under Articles 14, 15, 19 and 21 of the Constitution were Violated.
It was emphasized that under Section 2(o) of the Act, the definition of ‘Workplace’ includes Private Sector Organization/Private nature, Undertaking, Establishment, Society, etc; thus, the Vishaka Judgment and the Act are applicable to the Association.
The Court relied on Medha Kotwal Lele & Ors Vs. Union of India, wherein the Importance of the Guidelines laid down in the Vishaka Judgment was reinstated. Therefore, Association of Malayalam Movie Artists was Obliged to constitute a Complaints Committee against Sexual Harassment.
An Affidavit was filed by Association of Malayalam Movie Artists before the Court saying that it had No Objection in forming Internal Complaints Committee and was working on it.
Also Read: Bombay HC sets up new Working Protocol for POSH Cases