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The Bombay High Court on April 11, 2022, declined to hear the public interest litigation (PIL) asking the petitioner to withdraw it. The PIL raised concerns over challenges faced by the members of the Prevention of Sexual Harassment (POSH) Internal Committee in the private sector.

A division bench of Chief Justice Dipankar Datta and Justice MG Sewilkar while declining to hear the PIL asked the petitioner, to approach the Supreme Court or the competent authority seeking relief.

During the hearing, the bench said 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 bench further, linked itself to the character of Bheeshma Pitahma in Mahabharata, who despite being a powerful person was helpless when Draupadi was disrobed. 

CJ Datta said, “Have you read or seen Mahabharata? In that Bheeshma Pitahma was a powerful person. But when the Draupadi disrobing incident took place, he could not use any of his powers”.

“We are like Bheeshma, cannot use our powers everywhere. We are also subordinate to someone”, added CJ Datta. 

Abha Singh, the learned counsel had contended for the petitioner that the PIL aimed at providing a safe working environment to women by making ICC under POSH resistant to pressure from bosses in private organizations.

The current law on sexual harassment provides the ICC with the powers of a civil court to convene inquiries. However, the law does not protect the members while deciding on a sexual harassment complaint, which the management does not support. This would place the member in a vulnerable position while taking decisions to ensure a safe workplace for women, said Singh.