The Karnataka High Court.
Credit: DH File Photo
Bengaluru: The Karnataka High Court has directed Ola to pay a compensation of Rs 5 lakh and an additional Rs 50,000 as litigation expenses to the petitioner woman, who was harassed by the driver of a cab on its platform.
Justice M G S Kamal also imposed a cost of Rs 1 lakh upon the Transport Department, payable to the Karnataka State Legal Services Authority within 30 days, ruling that its officers are equally guilty of inaction and negligence in discharging their statutory obligations.
"The compensation being awarded is not in commensuration to the hardship, agony and mental trauma that the petitioner has undergone. It is only in recognition of the breach and violation of her fundamental rights on account of inaction on the part of ICC (Internal Complaint Committee) and Ola,” Justice Kamal said, adding that the petitioner is at liberty to seek redressal of her civil rights before appreciate forum under law, if so advised.
The case
On August 23, 2018, the woman booked a cab around 6.30 am to reach her office. She observed the driver watching her on the rearview mirror and also a pornographic video on his phone and held it visible to her.
On reaching the office, she filed a complaint on the Ola platform. After several correspondences, she was told that the driver had been ‘blacklisted’, would be sent for counselling and training.
When Ola contacted her to close the complaint, she filed a complaint at the Cubbon Park police station and moved the high court seeking directions for action under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, also known as the PoSH Act.
Concluding that there exists a relationship of 'employer' and 'employee' between Ola and the driver to bring in provisions of the PoSH Act, the court said that ICC is required to conduct the inquiry on the woman’s September 30, 2018, complaint and complete the probe at least within 90 days and submit the report to the district officer.
“Respondents and all concerned are directed to ensure compliance of provisions of Section 16 of the PoSH Act, 2013 in not publishing the identity and addresses of persons involved in the matter,” the court said.