LAWS(KER)-2020-6-158

LATHIKA SUBHASH Vs. STATE OF KERALA

Decided On June 26, 2020
Lathika Subhash Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The writ petition is filed seeking the issue of a writ of quo warranto directing the 4th respondent to show cause as to how she is qualified to occupy the post of Chairperson of the Kerala State Women's Commission. A further prayer is also sought for declaring that the 4th respondent is not fit to occupy the post of Chairperson of the Kerala State Women's Commission.

(2.) Heard the learned Senior Counsel for the petitioner and the learned Government Pleader.

(3.) The petitioner, who is a social and political activist contends that by her reactions and declarations in the print and electronic media as to the right of a woman who complained of sexual harassment to take recourse to legal remedies including by approaching the Women's Commission, the 4 th respondent has acted in a manner unbecoming of the post of Chairperson of the Kerala State Women's Commission. It is contended that a Chairperson or member of the Women's Commission is expected to be a person of sensitivity to women's issues and a person of absolute integrity. It is stated that on several occasions, the 4 th respondent has expressed her lack of faith in the Commission which she chairs and in the legal system. It is contended that by declaring that the political party to which she owes allegiance is capable of providing adequate remedies even in cases of sexual misconduct alleged against its members, she has made her lack of confidence in the Commission and the legal system clear.