Supreme Court implores lower courts to not turn Sexual Harassment Proceedings into a 'Punishment'

  

The Supreme Court was dismayed by the ‘rising trend’ of invalidating the proceedings inquiring into sexual misconduct, on hyper-technical interpretations of the applicable rules.

Taking the example of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 (POSH Act) which penalizes sexual misconducts and mandates creation of adequate mechanisms for redressal in all organizations, the top court stated that “the existence of transformative legislation may not come to the aid of persons aggrieved of sexual harassment if the appellate mechanisms turn the process into a punishment.”

The Division bench of comprising of Justice DY Chandrachud and Justice AS Bopanna further stated that, “It is important that courts uphold the spirit of the right against sexual harassment, which is vested in all persons as a part of their right to life and right to dignity under Article 21 of the Constitution. It is also important to be mindful of the power dynamics that are mired in sexual harassment at the workplace. There are several considerations and deterrents that a subordinate aggrieved of sexual harassment has to face when they consider reporting sexual misconduct of their superior.”

The facts of the case were that the complainant was a constable complaining against the head constable – her superior. The entire disciplinary proceedings were invalidated by the High Court against the respondent because of small discrepancy regarding the date of occurrence.

Holding this discrepancy to be of a minor nature since the event occurred soon after midnight, the bench said that, “Deeming such a trivial aspect to be of monumental relevance, while invalidating the entirety of the disciplinary proceedings against the respondent and reinstating him to his position renders the complainant’s remedy at nought.”

The Supreme Court pointed out that legal proceedings such as these deter to persons aggrieved of sexual harassment to seek justice. Calling out the Calcutta High Court for callous attitude, the Apex Court implored courts to interpret service rules and statutory regulations governing the prevention of sexual harassment at the workplace in a manner that metes out procedural and substantive justice to all the parties.

Accordingly, the Supreme Court set aside the impugned judgment and order of the High Court.

Read Judgement: 

 

 source ; https://www.latestlaws.com

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(With input from news agency language)

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