This is an archive article published on April 11, 2022
Like Bhishma Pitamaha, can’t use powers everywhere: Bombay HC
Refuses to hear PIL seeking safeguards for sexual harassment complaint panel members, asks petitioner to move SC
During an earlier hearing, the bench had indicated that it cannot direct the Centre to legislate in the matter and that its powers were only limited to declaring already passed legislation illegal or unconstitutional.
The Bombay High Court on Monday refused to hear a PIL raising concerns over challenges faced by members of Prevention of Sexual Harassment (POSH) Internal Complaints Committees (ICC) in the private sector, stating that like “Bhishma Pitamaha” from Mahabharat, it cannot exercise its powers in every case.
A division bench led by Chief Justice Dipankar Datta asked the petitioner to approach the Supreme Court or the competent authority seeking reliefs.
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The PIL sought constitution of a commission to review deficiencies in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and recommendations for protection of ICC members with regard to their rights and protection from persecution.
The PIL filed by a Mumbai resident, who used to work in a corporate firm and headed its POSH committee for over two-and-a-half years, along with social activist and advocate Abha Singh stated that members of such committees in the private sector are not provided with any safeguards.
During an earlier hearing, the bench had indicated that it cannot direct the Centre to legislate in the matter and that its powers were only limited to declaring already passed legislation illegal or unconstitutional.
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“… In Mahabharat, Bhishma Pitamaha had several powers…but when Draupadi de-robing incident happened, he could not use any of his powers. We are like Bhishma Pitamaha…cannot use our powers everywhere. We are also subordinate to someone,” Chief Justice Datta orally said on Monday.
Thereafter, the petitioner’s lawyer said that she will withdraw the plea and approach the Apex court or the competent authority, which the court accepted.
During an earlier hearing, the bench had indicated that it cannot direct the Centre to legislate in the matter and that its powers were only limited to declaring already passed legislation illegal or unconstitutional. 
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