IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 142 OF 2021
INTRODUCTION
The case is related to issues under the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Rules, 2013.
Section 16 of the POSH act prohibits the publication or making known contents of complaint and inquiry proceedings to the public, press or media.
FACTS OF THE CASE
The Bombay High Court provided certain guidelines which aim at protecting the identities of parties in such proceedings. These guidelines are provided as it is important to protect the identities of the parties from disclosure, even accidental disclosure, in these proceedings. This is in the interest of both parties. There are no guidelines laid down so far in such matters.
This order provides a working protocol for future orders, hearings, and case file management. It is a first endeavour in that direction. These are only initial guidelines and will necessarily be subject to revision or modification as required.
Orders
The identities of the parties should be kept anonymous in the order. The names of the parties can be written as “A v B”, or “P v D” or anything similar in order to maintain anonymity. The parties will be referred only as Plaintiff, Defendant no. 1 etc in the body of the order. The personally identifiable information such as email (IDs) mobile or telephone numbers, addresses etc should not be mentioned. All orders and judgments will be delivered in private only in chambers or in-camera.
Filing protocols
No Personal Identification Document (PII) document shall be retained by the registry when any affidavit, application or pleading is being filed. The Registry may ask for production of an identity document to establish the identity of the deponent, but no copy of any such document is to be retained on file. The registry will not enter the email (ID), mobile number, Aadhaar number or any other PII of any of the parties or witnesses in the CIS and the parties must use the anonymized titles.
Access
The registry should not allow anyone other than Advocate-on-record with a current and valid vakalatnama to take inspection or copies of any filing or order. The entire record and fresh filings will be kept sealed and is not to be given to any person without an order of the court. If the record is to be digitized, directions will be sought from the Court for supervised digitization.
Hearings
All hearings will only be in Chambers or in-camera. There will be not online or hybrid facility for hearings. All hearings must be by physical attendance. Only the advocates and the litigants are permitted to attend hearings. Support staff must leave the Court. Except for the Court Master/Associate or Sheristedar and the stenographer or person providing secretarial assistance, all other Court staff should not be present at the hearing.
Directions to certified copy department
The Certified Copy Section/Department will not raise any objection because of the difference in the short or long title of the matter and the order in question. To the extent possible, parties will function using an ordinary, authenticated or digitally signed copy of every order.
Public access
If any order is to be released into the public domain, it will be on the condition that only the fully anonymised version of the order of judgement is let into the public domain for publication and this will require a specific order of the Court.
Breach
The prohibition on publishing the names, address or other PII of the parties is absolute. It will continue to apply where that information about the parties has been obtained by using the contents of a judgment or order to discover information already in the public domain. Every person as well as the media is required to ensure strict compliance with these conditions of anonymity.
Media disclosure forbidden
Both the parties, advocates, and witnesses are forbidden from disclosing the contents of any order, judgment or filing to the media or publishing anything by any means, including social media, without specific leave of the court. Witnesses should sign a statement of non-disclosure and confidentiality apart from the usual oath.
Recording prohibited
Any form of recording of any part of the proceedings is strictly forbidden. If any person makes attempt to record or transcribe any part of the proceedings, then will be considered a contempt of court.
Industrial/labour court proceedings
The Plaintiff has a pending appeal before the Industrial Court/Labour Court. That Court will strictly adopt and follow these and any future guidelines. A copy of this order will be sent to the president of that court and presiding judge for his immediate attention and action.
OBSERVATION OF THE COURT
Every person must adhere to the guidelines mentioned in the order. All persons, including the media, are required to ensure strict compliance with these conditions of anonymity. All concerned will be bound by these guidelines. Any failure to abide by these conditions will be a contempt of court.
CONCLUSION
This order aims to protect the identities of both the parties involved in the case. The court provides working protocols for future orders, hearings, and case file management for protecting the identities of both the parties from disclosure in the proceeding. Every person must abide by the guidelines mentioned in the order.
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