Sexual harassment: Karnataka High Court directs Ola to pay compensation of Rs 5 lakh to complainant

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 under 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 time, finding that its officers are equally guilty of deliberate inaction and negligence in discharging their statutory obligations.

“The compensation being awarded is not in commensuration to the hardship, agony and mental trauma which the petitioner has undergone. It is only in recognition of 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 incident of harassment happened on August 23, 2018. The petitioner had booked a cab at around 6.30 am to reach her office. During the ride, she noticed that the driver was staring at her through a rear view mirror. Further, the petitioner was shocked to realise that the driver was watching pornographic video on his phone. The driver had intentionally held the phone in a manner to ensure that the pornographic video was visible to the petitioner.

Upon reaching office, the petitioner had lodged a complaint on the Ola platform and after several correspondences she was told that the driver had been 'blacklisted' and would be sent for counselling and training.

When she received a call from Ola seeking her permission to close the complaint, the petitioner filed a complaint on August 25, 2018 before the Cubbon Park police and also moved the high court seeking direction for action under the PoSH Act.

After coming to the conclusion that there exists a relationship of 'employer' and 'employee' between Ola and the driver to bring in provisions of PoSH Act, the court said that ICC is required to conduct the enquiry. The court said that ICC of Ola should hold an enquiry on her complaint dated September 30, 2018 in accordance with the provisions of PoSH Act and complete the process as expeditiously as possible within an outer limit of 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.