Film production companies must implement the ICC for sexual harassment cases; Political parties do not need: Kerala HC

New Delhi: The Kerala High Court on Thursday issued a plethora of guidelines on the need to set up Internal Complaints Commissions (ICCs) in film industry organizations and production units, as well as political parties, Bar and Bench reported. .

A divisional bench of Chief Justice S Manikumar and Justice Shaji P Chaly ruled that in addition to production companies that directly employ actors, organizations associated with the film industry must retain the ICC if they employ 10 people or more to run office establishments and employ women for salaries.

However, political parties that do not have an employer-employee relationship with their members and are not engaged in any business, enterprise, enterprise, institution, establishment, etc. private as part of a “workplace” are not required to retain the ICC.

The Court issued its decision in a group of PIL motions filed by several organizations seeking to establish a sexual harassment grievance redress mechanism in accordance with the Supreme Court’s guidelines in Vishakha v. State of Rajasthan and Sexual Harassment of Women in the Workplace (Prevention, Prohibition and Remedy Act 2013. (POSH Act)

Although the Court clarified the extent to which organizations subject to the provisions of the POSH Act are required to form internal committees, it expressed its wish that organizations associated with the film industry take steps to form a joint committee by including members of organizations registered with them in accordance with the provisions of the POSH Act.

“(This) would certainly instill sufficient confidence in the female performers and other employees and other workers employed by the production unit; which, in turn, would protect the dignity and render the right to life and personal liberty of women in the film industry more meaningful and successful,” the court quoted by Bar and Bench in its report said.

(With bar and bench entrances)