Research Results Based on the Query


ACT
ARG
SCJ
HCJ

Query: My client, a retail chain, faces a lawsuit filed by a former female employee alleging workplace harassment and failure to provide a safe working environment. The employee claims they were subjected to verbal abuse and inappropriate behaviour by supervisors despite reporting incidents to management. My client asserts that they have strict anti-harassment policies in place and took appropriate action upon receiving complaints. The former employee is seeking compensation for emotional distress and damages to their reputation. As legal counsel for the retail chain, I am tasked with defending against these allegations and ensuring fair resolution through the legal process.

Revised Query: My client, a retail chain, faces a lawsuit filed by a former female employee alleging workplace harassment and failure to provide a safe working environment. The employee claims she was subjected to verbal abuse and inappropriate behavior by supervisors despite reporting incidents to management. My client asserts that it has strict anti-harassment policies in place and took appropriate action upon receiving complaints. The former employee is seeking compensation for emotional distress and damages to her reputation. As legal counsel for the retail chain, I am tasked with defending against these allegations and ensuring a fair resolution through the legal process.



Likely Arguments


Opposing Counsel's Potential Arguments

1. Violation of POSH Act: Opposing counsel may argue that the retail chain failed to provide a safe working environment as mandated by the POSH Act, leading to workplace harassment.

2. Inadequate Response to Complaints: Opposing counsel may claim that the retail chain did not take appropriate action upon receiving complaints of verbal abuse and inappropriate behavior, thereby failing to protect the former employee.

3. Negligence and Vicarious Liability: Opposing counsel may assert that the retail chain is vicariously liable for the actions of its supervisors and should compensate the former employee for emotional distress and damages to her reputation.

Counterarguments

1. Compliance with POSH Act:
- The retail chain can demonstrate that it has a comprehensive anti-harassment policy in place, as required by the POSH Act.
- The establishment of an Internal Complaints Committee (ICC) showcases the retail chain's commitment to addressing complaints of harassment promptly.

2. Prompt and Appropriate Action:
- The retail chain can provide evidence of investigations conducted into the complaints raised by the former employee.
- Any disciplinary actions taken against supervisors involved in the alleged incidents can be documented to show that the retail chain does not tolerate such behavior.

3. Mitigating Vicarious Liability:
- The retail chain can argue that it took all necessary steps to prevent harassment and provided a safe working environment, thereby mitigating any claims of vicarious liability.
- By showcasing proactive measures to prevent recurrence of such incidents, the retail chain can demonstrate its commitment to employee welfare.

Optimal Defense Strategy

1. Documented Compliance: Ensure all anti-harassment policies, ICC formation, and awareness programs are well-documented and easily accessible for review.

2. Thorough Investigation: Conduct a detailed investigation into the specific incidents reported by the former employee to gather evidence for the defense.

3. Employee Training: Provide additional training to supervisors and employees on appropriate workplace behavior and reporting mechanisms to prevent future incidents.

4. Legal Representation: Engage experienced legal counsel to navigate the legal complexities and present a strong defense in court.

5. Settlement Negotiation: Explore the possibility of settlement negotiations to resolve the matter amicably while protecting the retail chain's reputation.

By implementing these strategies and presenting a robust defense grounded in Indian laws and regulations, the retail chain can effectively counter the opposing counsel's arguments and work towards a favorable resolution in the lawsuit.


Relevant Supreme Court Judgments
Year From: 1950, Year To: 2024

Result 1
Supreme Court of India
Medha Kotwal Lele & Ors vs U.O.I. & Ors
Honourable Judges Ranjan Gogoi, Anil R. Dave, R.M. Lodha
Date of Judgment: 19 Oct 2012
Segment Number (Approximate Page Number): 2
   
   
   

It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto. 3. Preventive steps: All employers or persons in charge of workplace whether in the public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation they should take the following steps: (a) Express prohibition of sexual harassment as defined above at the workplace should be notified, published and circulated in appropriate ways. (b) The rules/regulations of government and public sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender. (c) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946. (d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at workplaces and no woman employee should have reasonable grounds to believe that she is disadvantaged in connection with her employment. 4. Criminal proceedings: Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority. In particular, it should ensure that victims, or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer. 5. Disciplinary action: Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules. 6. Complaint mechanism: Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer's organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time-bound treatment of complaints. 7. Complaints Committee: The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confidentiality. The Complaints Committee should be headed by a woman and not less than half of its members should be women.

Result 2
Supreme Court of India
Union Of India vs Dilip Paul
Honourable Judges Dhananjaya Y. Chandrachud
Date of Judgment: 06 Nov 2023
Segment Number (Approximate Page Number): 30
   
   
   

Without prejudice to the generality of this obligation they should take the following steps: (a) Express prohibition of sexual harassment as defined above at the workplace should be notified, published and circulated in appropriate ways. (b) The rules/regulations of government and public sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender. (c) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946. (d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at workplaces and no woman employee should have reasonable grounds to believe that she is disadvantaged in connection with her employment. 4. Criminal Proceedings: Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority. Page 42 of 104 In particular, it should ensure that victims, or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer. 5. Disciplinary Action: Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules. 6. Complaint Mechanism: Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer's organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound-treatment of complaints. 7. Complaints Committee The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confidentiality. The Complaints Committee should be headed by a woman and not less than half of its member should be women. Further, to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. The Complaints Committee must make an annual report to the Government Department concerned of the complaints and action taken by them. The employers and person-in-charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department.

Result 3
Supreme Court of India
Nisha Priya Bhatia vs Shashi Prabha
Honourable Judges A.M. Khanwilkar, Dinesh Maheshwari
Date of Judgment: 24 Apr 2020
Segment Number (Approximate Page Number): 45
   
   
   

Further even when the complaint was referred to the Departmental Committee on Sexual Harassment, the Secretary (R) did not pay heed to the constitution of the committee as required in the Vishakha guidelines. The act was, therefore, in gross violation of the Vishakha guidelines.” 101. It is, therefore, not in dispute that the petitioner’s complaints of sexual harassment were met with incidents showcasing procedural ignorance and casual attitude of her seniors in the department. We also note that, as regards the press note dated 19.8.2008, this Court had taken strong exception to the unwarranted attacks on her psychological status and quashed the note in its entirety vide order dated 15.12.2014 for being violative of the petitioner’s dignity, reputation and privacy. Despite such terse finding regarding violation of fundamental rights, no relief of compensation was given to the petitioner and presumably not pursued by her at that time. 102. The scheme of the 2013 Act, Vishaka Guidelines and Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) predicates that a non­hostile working environment is the basic limb of a dignified employment. The approach of law as regards the cases of sexual harassment at workplace is not confined to cases of actual commission of acts of harassment, but also covers situations wherein the woman employee is subjected to prejudice, hostility, discriminatory attitude and humiliation in day to day functioning at the workplace. Taking any other view would defeat the purpose of the law. A priori, when inaction or procrastination (intentionally or otherwise) is meted out in response to the attempt of setting the legal machinery in motion, what is put to peril is not just the individual cries for the assistance of law but also the foundational tenets of a society governed by the rule of law, thereby threatening the larger public interests. The denial of timely inquiry and by a competent forum, inevitably results in denial of justice and violation of fundamental right. The factual matrix of the present case is replete with lack of sensitivity on the part of Secretary (R) qua the complaint of sexual harassment. To wit, time taken to process the stated complaint and improper constitution of the first Complaints Committee (intended or unintended) in violation of the Vishaka Guidelines, constitute an appalling conglomeration of undignified treatment and violation of the fundamental rights of the petitioner, more particularly Articles 14 and 21 of the Constitution. 103. This Court has, over the course of time, evolved the judicial policy of remedying grave violations of the right to life by providing compensation in monetary terms, apart from other reliefs. In S. Nambi Narayanan vs. Siby Mathews & Ors.42, this Court exercised its power to invoke the public law remedy for grant of compensation for the violation of the right to life by observing that life itself commands self­respect.

Result 4
Supreme Court of India
Vishaka & Ors vs State Of Rajasthan & Ors
Honourable Judges Chief Justice, Sujata V. Manohar, B. N. Kirpal
Date of Judgment: 13 Aug 1997
Segment Number (Approximate Page Number): 9
   
   
   

Where any of these acts is committed in circumstances where under the victim of such conduct has a reasonable apprehension that in relation to the victim's employment or work whether she is drawing salary, or honorarium or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto. 3. Preventive Steps: All employers or persons in charge of work place whether in the public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation they should take the following steps: (a) Express prohibition of sexual harassment as defined above at the work place should be notified, published and circulated in appropriate ways. (b) The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender. (c) As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946. (d) Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment. 4. Criminal Proceedings: Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority. In particular, it should ensure that victims, or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.

Result 5
Supreme Court of India
Vishaka & Ors vs State Of Rajasthan & Ors
Honourable Judges Chief Justice, Sujata V. Manohar, B. N. Kirpal
Date of Judgment: 13 Aug 1997
Segment Number (Approximate Page Number): 10
   
   
   

5. Disciplinary Action: Where such conduct amounts to mis-conduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules. 6. Complaint Mechanism: Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer's organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints. 7. Complaints Committee: The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confidentiality. The Complaints Committee should be headed by a woman and not less than half of its member should be women. Further, to prevent the possibility of any under pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. The Complaints Committee must make an annual report to the government department concerned of the complaints and action taken by them. The employers and person in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department. 8. Workers' Initiative: Employees should be allowed to raise issues of sexual harassment at workers meeting and in other appropriate forum and it should be affirmatively discussed in Employer-Employee Meetings. 9. Awareness: Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in suitable manner. 10. Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action. 11. The Central/State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector.

Result 6
Supreme Court of India
Medha Kotwal Lele & Ors vs U.O.I. & Ors
Honourable Judges Ranjan Gogoi, Anil R. Dave, R.M. Lodha
Date of Judgment: 19 Oct 2012
Segment Number (Approximate Page Number): 1
   
   
   

REPORTABLE IN THE SUPREME COURT OF INDIA ORIGINAL/APPELLATE JURISDICTION WRIT PETITION (CRIMINAL) NOS. 173-177 OF 1999 Medha Kotwal Lele and Others …… Petitioners Vs. Union of India and Others ……Respondents WITH T.C. (C) NO. 21 OF 2001 CIVIL APPEAL NO. 5009 OF 2006 CIVIL APPEAL NO. 5010 OF 2006 JUDGMENT R.M. LODHA, J. The Vishaka[1] judgment came on 13.8.1997. Yet,15 years after the guidelines were laid down by this Court for the prevention and redressal of sexual harassment and their due compliance under Article 141 of the Constitution of India until such time appropriate legislation was enacted by the Parliament, many women still struggle to have their most basic rights protected at workplaces. The statutory law is not in place. The Protection of Women Against Sexual Harassment at Work Place Bill, 2010 is still pending in Parliament though Lok Sabha is said to have passed that Bill in the first week of September, 2012. The belief of the Constitution framers in fairness and justice for women is yet to be fully achieved at the workplaces in the country. 2. This group of four matters – in the nature of public interest litigation – raises principally the grievance that women continue to be victims of sexual harassment at workplaces. The guidelines in Vishaka1 are followed in breach in substance and spirit by state functionaries and all other concerned. The women workers are subjected to harassment through legal and extra legal methods and they are made to suffer insult and indignity. 3. Beijing Declaration and Platform for Action, inter alia, states, “Violence against women both violates and impairs or nullifies the enjoyment by women of human rights and fundamental freedoms……. In all societies, to a greater or lesser degree, women and girls are subjected to physical, sexual and psychological abuse that cuts across lines of income, class and culture”. 4. Vishaka guidelines require the employers at workplaces as well as other responsible persons or institutions to observe them and ensure the prevention of sexual harassment to women. These guidelines read as under : “1. Duty of the employer or other responsible persons in workplaces and other institutions: It shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required. 2. Definition: For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as: (a) physical contact and advances; (b) a demand or request for sexual favours; (c) sexually-coloured remarks; (d) showing pornography; (e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

Result 7
Supreme Court of India
D.S. Grewal vs Vimi Joshi & Ors
Honourable Judges S.B. Sinha, Cyriac Joseph
Date of Judgment: 17 Dec 2008
Segment Number (Approximate Page Number): 4
   
   
   

18. Indisputably the writ petition was filed by respondent No.1 which is still pending. In our opinion, it would, thus, be not proper for us to enter into merit of the matter. 19. However, indisputably, in terms of the judgment of this Court in Vishakha and others (supra) certain guidelines have been laid down by this Court till an appropriate legislation is made in this behalf, some of them being, - disciplinary action, complaint mechanism and complaints committee. These are as under :- "6. Disciplinary action: Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules. 6. Complaint mechanism: Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer's organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time-bound treatment of complaints. 7. Complaints Committee: The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confidentiality. The Complaints Committee should be headed by a woman and not less than half of its members should be women. Further, to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. The Complaints Committee must make an annual report to the Government Department concerned of the complaints and action taken by them. The employers and person-in-charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government Department." The Court furthermore defined `sexual harassment' to include :- "For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as: (a) physical contact and advances; (b) a demand or request for sexual favours; (c) sexually-coloured remarks; (d) showing pornography; (e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature. The Legislature too have keeping in mind the abovenoted guidelines from Vishakha (supra) recently drafted the Protection of Women against Sexual Harassment at Workplace Bill, 2007. The Bill is to provide `for the prevention and redressal of sexual harassment of women at workplace and for matters connected therewith or incidental thereto'. The draft law provides for consideration of a mandatory committee to hear complaints of sexual harassment. It also stipulates the procedures for setting up of these committees. If the complaint is found to be true, the draft law provides for monetary compensation.

Result 8
Supreme Court of India
Ravinder Kumar Dhariwal vs The Union Of India
Honourable Judges Dr. Chandrachud, A.S. Bopanna
Date of Judgment: 17 Dec 2021
Segment Number (Approximate Page Number): 52
   
   
   

Thus, the employer’s conduct constituted unfair discrimination based on disability under Section 6 of the EEA and the dismissal was automatically unfair under the LRA. Bassuday K & Rycroft A, ‘Incapacity or disability? The Implications for Jurisdiction Ernstzen v Reliance Group Trading (Pty) Ltd (C727/13) [2015] ZALCCT 42, 36(4) Industrial Law Journal 2516-2521 (2015). (2017) 38 ILJ 2496 (LAC). PART C It is also significant that the court found that although the employee was on medication and her condition was under control, she still had a disability. 87. In New Way Motor & Diesel Engineering (Pty) Ltd v. Marsland, 105 the employee suffered a nervous breakdown after his wife deserted him. He was hospitalized. When he returned to work, he was ostracized and verbally abused by the appellant and management. A disciplinary hearing was instituted against him for poor work performance amongst other charges. Thereafter, the employee terminated his contract when his work was outsourced. The Labour Court held that the employee has been constructively dismissed and the dismissal constitutes unfair discrimination against the employee on grounds of mental health. The court observed that mental health played a significant role in the dismissal. The Labour Court of Appeal also upheld the dismissal as automatically unfair in terms of the amended LRA. The Court of Appeal further observed that the conduct of the appellant had violated the human dignity of the employee. Commentators have observed that this lays down the position that dismissal of employees having depression can only be an act of last resort and alternatives should be considered before such dismissal. 106 88. In Legal Aid South Africa v. Ockert Jansen 107, the Labour Court of Appeal of South Africa dealt with an employee who was diagnosed with depression and high anxiety during the course of service. Disciplinary Matilda Mbali Ngcobo, Court’s Treatment of Depression in the Workplace: Incapacity, Poor Performance, Misconduct and Disability, available at https://researchspace.ukzn.ac.za/bitstream/handle/10413/18678/Ngcobo_Matilda_Mbali_2019.pdf?sequence=1& isAllowed=y. (2009) 30 ILJ 2875 (LAC). Rangata, The “Invisible” Illness Challenge, Employment Law, (2015), available at https://maponya.co.za/wp- content/uploads/2018/03/The-invisible-illness-challenge-Without-Prejudice.pdf (2020) 41 ILJ 2580 (LAC). PART C proceedings had been instituted against the employee as he had been absent from work without notice and that he was insolent and defiant to the management of the company. He was eventually dismissed from service. He challenged the proceedings in the Labour Court and received an order in his favour. However, the Labour Court of Appeal ruled against him. In doing so it held thus: “[40] The stresses and pressures of modern-day life being what they are, depression is common in the workplace.

Result 9
Supreme Court of India
P. S. Malik vs High Court Of Delhi
Honourable Judges Navin Sinha, Ashok Bhushan
Date of Judgment: 21 Aug 2019
Segment Number (Approximate Page Number): 2
   
   
   

2.2 The Full Court of the Delhi High Court by further resolution dated 19.07.2016 resolved to constitute an Internal Complaints Committee consisting of five members to inquire into the allegation of sexual harassment made against the petitioner. The petitioner as well as the employee appeared before the Internal Complaints Committee (hereinafter referred to as “Committee”). The petitioner was suspended by order dated 13.07.2016 pending disciplinary proceedings. The employee further submitted a detailed statement dated 28.07.2016 before the Committee. The petitioner submitted his reply to the Committee on 02.09.2016. On 19.09.2016, the Committee interacted with both the parties separately. On 05.11.2016, the Committee submitted a Preliminary Report to the Full Court. By its Report dated 05.11.2016, the Committee opined that a disciplinary inquiry be held against the petitioner. Full Court of the High Court in its meeting dated 16.11.2016 resolved that the disciplinary proceedings for major penalty under Rule 8 of All India Services (Discipline and Appeal) Rules, 1969 be initiated against the petitioner. 2.3 The memo of charges dated 22/23.02.2017 was given to the petitioner containing, article of charges and statement of imputations. The petitioner submitted written statement on 11.03.2017. The Full Court on 06.07.2017 considered the written statement of defence dated 11.03.2017 of petitioner and resolved to hold the inquiry. The Full Court resolved for constituting a Committee in terms of Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as “Act, 2013”) chaired by Hon’ble Ms. Justice Hima Kohli, who was appointed as the Inquiring Authority. 2.4 The inquiry before the Inquiring Committee proceeded and Report dated 09.03.2018 has been submitted by the Internal Complaints Committee. The Inquiry Report submitted by the Committee was placed before the Full Court in its meeting held on 25.04.2018 which resolved to forward the Inquiry Report to the petitioner and to ask him to submit his written submissions. Full Court in its meeting dated 01.08.2018 also resolved to supply certified copies of Full Court Meeting Minutes dated 13.07.2016, 19.07.2016 and 16.11.2016 to the petitioner. High Court also resolved that since the Preliminary Inquiry Report dated 05.11.2016 has not been relied upon, the same be not supplied to the petitioner. After receipt of the Inquiry Report, the petitioner has filed this writ petition on 08.06.2018. 3. We have heard Shri Varinder Kumar Sharma, learned counsel for the petitioner and Shri P.S. Narsimha, learned senior counsel for the respondent.

Result 10
Supreme Court of India
Medha Kotwal Lele & Ors vs U.O.I. & Ors
Honourable Judges Ranjan Gogoi, Anil R. Dave, R.M. Lodha
Date of Judgment: 19 Oct 2012
Segment Number (Approximate Page Number): 3
   
   
   

The Complaints Committee must make an annual report to the Government Department concerned of the complaints and action taken by them. The employers and person-in-charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government Department. 8. Workers' initiative: Employees should be allowed to raise issues of sexual harassment at workers' meeting and in other appropriate forum and it should be affirmatively discussed in employer-employee meetings. 9. Awareness: Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner. 10. Third-party harassment: Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person-in- charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action. 11. The Central/State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in private sector. 12. These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993.” 5. In these matters while highlighting few individual cases of sexual harassment at the workplaces, the main focus is on the lack of effective implementation of Vishaka guidelines. It is stated that the attitude of neglect in establishing effective and comprehensive mechanism in letter and spirit of the Vishaka guidelines by the States as well as the employers in private and public sector has defeated the very objective and purpose of the guidelines. 6. In one of these matters, Medha Kotwal Lele, this Court has passed certain orders from time to time. Notices were issued to all the State Governments. The States have filed their responses. On 26.4.2004, after hearing the learned Attorney General and learned counsel for the States, this Court directed as follows : “Complaints Committee as envisaged by the Supreme Court in its judgment in Vishaka’s case will be deemed to be an inquiry authority for the purposes of Central Civil Services (Conduct) Rules, 1964 (hereinafter called CCS Rules) and the report of the complaints Committee shall be deemed to be an inquiry report under the CCS Rules. Thereafter the disciplinary authority will act on the report in accordance with the rules.” This Court further directed in the order dated 26.4.2004 that similar amendment shall be carried out in the Industrial Employment (Standing Orders) Rules. As regards educational institutions and other establishments, the Court observed that further directions would be issued subsequently.

Result 11
Supreme Court of India
Aureliano Fernandes vs State Of Goa .
Honourable Judges Ms. Kohli, Ms. Trivedi
Date of Judgment: 12 May 2023
Segment Number (Approximate Page Number): 37
   
   
   

This is indeed a sorry state of affairs and reflects poorly on all the State functionaries, public authorities, private undertakings, organizations and institutions that are duty bound to implement the PoSH Act in letter and spirit. Being a victim of such a deplorable act not only dents the self- esteem of a woman, it also takes a toll on her emotional, mental and physical health. It is often seen that when women face sexual harassment at the workplace, they are reluctant to report such misconduct. Many of them even drop out from their job. One of the reasons for this reluctance to report is that there is an uncertainty about who to approach under the Act for redressal of their grievance. Another is the lack of confidence in the process and its outcome. This social malady needs urgent amelioration through robust and efficient implementation of the Act. To achieve this, it is imperative to educate the complainant victim about the import and working of the Act. They must be made aware of how a complaint can be registered, the procedure that would be adopted to process the complaint, the objective manner in which the ICC/LC/IC is expected to function under the Statute, the nature of consequences that the delinquent employee can be visited with if the complaint is found to be true, the result of lodging a false or a malicious complaint and the remedies that may be available to a complainant if dissatisfied with the Report of the ICC/LC/IC etc. Page 54 of 59 CIVIL APPEAL NO. 2482 of 2014 76. However salutary this enactment may be, it will never succeed in providing dignity and respect that women deserve at the workplace unless and until there is strict adherence to the enforcement regime and a proactive approach by all the State and non-State actors. If the working environment continues to remain hostile, insensitive and unresponsive to the needs of women employees, then the Act will remain an empty formality. If the authorities/managements/employers cannot assure them a safe and secure work place, they will fear stepping out of their homes to make a dignified living and exploit their talent and skills to the hilt. It is, therefore, time for the Union Government and the State Governments to take affirmative action and make sure that the altruistic object behind enacting the PoSH Act is achieved in real terms.

Result 12
Supreme Court of India
Aureliano Fernandes vs State Of Goa .
Honourable Judges Ms. Kohli, Ms. Trivedi
Date of Judgment: 12 May 2023
Segment Number (Approximate Page Number): 27
   
   
   

On receipt of any complaint of sexual harassment at any of the places referred to above the same shall be dealt with by the statutory bodies in accordance with Vishaka and Others v. State of Rajasthan and Others (1997) 6 SCC 241, guidelines and the guidelines in the present order.” (c) ENACTMENT OF THE PoSH ACT AND RULES : 52. After the passage of fifteen years from the date of the verdict delivered in Vishaka’s case (supra), the PoSH Act, was legislated on 22nd April, 2013 and finally notified on 9th December, 2013. The Act lays down a comprehensive mechanism for constitution of Internal Complaints Committee, Local Committee and Internal Committees, the manner of conducting an inquiry into a complaint received, duties of an employer, duties and powers of the District Officer and others, penalties for non- compliance of the provisions of the Act, etc. Accompanying the Act are the Rules, 201368 that have been framed in exercise of powers conferred under Section 29 of the PoSH Act and amongst others, lays down the manner in which an inquiry into a complaint of sexual harassment ought to be conducted (Rule 7), the interim reliefs that can be extended to the aggrieved women during the pendency of the inquiry (Rule 8), the manner of taking action for sexual harassment (Rule 9) etc. It is noteworthy that sub-rule (3) of Rule 7 The Sexual Harassment of Women at Work Pace (Prevention, Prohibition and Redressal) Act, 2013 Page 36 of 59 CIVIL APPEAL NO. 2482 of 2014 provides that the respondent shall file his reply to the complaint within a stipulated time along with the relevant documents and give details of the witnesses and sub-rule (4) stipulates that the Complaints Committee shall make an inquiry into the complaints “in accordance with the principles of natural justice”. (d) BREATHING REASONABLENESS INTO THE PROCEDURAL REGIME : 53. Thus, it can be seen that the journey from Vishaka’s case (supra) that acted as a springboard and sowed the seeds of future legislation by structuring Guidelines to deal with cases of sexual harassment, blossomed into a comprehensive legislation with the enactment of the PoSH Act and Rules. At the same time, however, women centric the Guidelines and the Act may have been, they both recognize the fact that any inquiry into a complaint of sexual harassment at the workplace must be in accordance with the relevant rules and in line with the principles of natural justice. The cardinal principle required to be borne in mind is that the person accused of misconduct must be informed of the case, must be supplied the evidence in support thereof and be given a reasonable opportunity to present his version before any adverse decision is taken. Similarly, the concerned employer is also expected to act fairly and adopt a procedure that is just, fair and reasonable. The whole purpose is to breathe reasonableness into the procedural regime. But, the test of reasonableness cannot be abstract.

Result 13
Supreme Court of India
Union Of India vs Dilip Paul
Honourable Judges Dhananjaya Y. Chandrachud
Date of Judgment: 06 Nov 2023
Segment Number (Approximate Page Number): 45
   
   
   

Any lenient action in such a case is bound to have demoralising effect on working women. Sympathy in such cases is uncalled for and mercy is misplaced.” (Emphasis supplied) 44. Similarly, in Union of India and Others v. Mudrika Singh reported in 2021 SCC OnLine SC 1173, this Court speaking through one of us Dr. D.Y. Chandrachud, CJI., cautioned the courts from invalidating inquiries into sexual harassment on specious pleas and hyper-technical interpretations of the service rules. The relevant observations are reproduced hereunder: - “47. Before we conclude our analysis, we would also like to highlight a rising trend of invalidation of proceedings inquiring into sexual misconduct, on hyper-technical interpretations of the applicable service rules. For instance, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 penalizes several misconducts of a sexual nature and imposes a mandate on all public and private organizations to create adequate mechanisms for redressal. However, 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. 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. In the present case, the complainant was a constable complaining against the respondent who was the head constable - his superior. Without commenting on the merits of the case, it is evident that the Page 64 of 104 discrepancy regarding the date of occurrence was of a minor nature since the event occurred soon after midnight and on the next day. 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 history of legal proceedings such as these is a major factor that contributes to the deterrence that civil and criminal mechanisms pose to persons aggrieved of sexual harassment. The High Court, in this case, was not only incorrect in its interpretation of the jurisdiction of the Commandant and the obligation of the SSFC to furnish reasons under the BSF Act 1968 and Rules therein, but also demonstrated a callous attitude to the gravamen of the proceedings.

Result 14
Supreme Court of India
Union Of India vs Dilip Paul
Honourable Judges Dhananjaya Y. Chandrachud
Date of Judgment: 06 Nov 2023
Segment Number (Approximate Page Number): 27
   
   
   

33. The turning point against the growing social menace of sexual harassment of women at work place could be traced back to the pathbreaking decision of this Court in Vishaka and Others v. State of Rajasthan and Others reported in (1997) 6 SCC 241, whereby this Court recognized sexual harassment at the workplace as a violation of a woman's fundamental right to equality and dignity. The relevant observations are as under: “1. This writ petition has been filed for the enforcement of the fundamental rights of working women under Articles 14 19 and 21 of the Constitution of India in view of the prevailing climate in which the violation of these rights is not uncommon. With the increasing awareness and emphasis on gender justice, there is increase in the effort to guard against such violations; and the resentment towards incidents of sexual harassment is also increasing. The present petition has been brought as a class action by certain social activists and NGOs with the aim of focusing attention towards this societal aberration, and assisting in finding suitable methods for realisation of the true concept of “gender equality”; and to prevent sexual harassment of working women in all work places through judicial process, to fill the vacuum in existing legislation. Page 38 of 104 2. The immediate cause for the filing of this writ petition is an incident of alleged brutal gang rape of a social worker in a village of Rajasthan. That incident is the subject-matter of a separate criminal action and no further mention of it, by us, is necessary. The incident reveals the hazards to which a working woman may be exposed and the depravity to which sexual harassment can degenerate; and the urgency for safeguards by an alternative mechanism in the absence of legislative measures. In the absence of legislative measures, the need is to find an effective alternative mechanism to fulfil this felt and urgent social need. 3. Each such incident results in violation of the fundamental rights of “Gender Equality” and the “Right to Life and Liberty”. It is a clear violation of the rights under Articles 14, 15 and 21 of the Constitution. One of the logical consequences of such an incident is also the violation of the victim's fundamental right under Article 19(1)(g) “to practice any profession or to carry out any occupation, trade or business”. Such violations, therefore, attract the remedy under Article 32 for the enforcement of these fundamental rights of women. This class action under Article 32 of the Constitution is for this reason. A writ of mandamus in such a situation, if it is to be effective, needs to be accompanied by directions for prevention, as the violation of fundamental rights of this kind is a recurring phenomenon. The fundamental right to carry on any occupation, trade or profession depends on the availability of a "safe" working environment. Right to life means life with dignity.

Result 15
Supreme Court of India
Apparel Export Promotion Council vs A.K. Chopra
Honourable Judges V.N.Khare
Date of Judgment: 20 Jan 1999
Segment Number (Approximate Page Number): 14
   
   
   

Verma, J., (as the former Chief Justice then was), speaking for the three-Judge Bench opined : 2. Definition : For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as : (a) physical contact and advances; (b) a demand or request for sexual favours; (c) sexually-coloured remarks; (d) showing pornography; (e) any other unwelcome physical, verbal or non- verbal conduct of sexual nature. Where any of these acts is committed in circumstances whereunder the victim of such conduct has a reasonable apprehension that in relation to the victims employment or work whether she is drawing salary, or honorarium or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto. An analysis of the above definition, shows that sexual harassment is a form of sex discrimination projected through unwelcome sexual advances, request for sexual favours and other verbal or physical conduct with sexual overtones, whether directly or by implication, particularly when submission to or rejection of such a conduct by the female employee was capable of being used for effecting the employment of the female employee and unreasonably interfering with her work performance and had the effect of creating an intimidating or hostile working environment for her. There is no gainsaying that each incident of sexual harassment, at the place of work, results in violation of the Fundamental Right to Gender Equality and the Right to Life and Liberty the two most precious Fundamental Rights guaranteed by the Constitution of India. As early as in 1993 at the ILO Seminar held at Manila, it was recognized that sexual harassment of woman at the work place was a form of gender discrimination against woman.

Result 16
Supreme Court of India
M.P Elec. Board vs Jagdish Chandra Sharma
Honourable Judges N. Santosh Hegde, Tarun Chatterjee, P.K. Balasubramanyan
Date of Judgment: 04 Mar 2005
Segment Number (Approximate Page Number): 5
   
   
   

The discretion which can be exercised under Section 11-A is available only on the existence of certain factors like punishment being disproportionate to the gravity of misconduct so as to disturb the conscience of the court, or the existence of any mitigating circumstances which requires the reduction of the sentence, or the past conduct of the workman which may persuade the Labour Court to reduce the punishment." It may also be noticed that in Orissa Cement Ltd. vs. V. Adikanda Sahu (1960 (1) LLJ-518-SC) and in New Shorrock Mills vs. Maheshbhai T. Rao, (1996) 6 SCC 590, this Court held that use of abusive language against a superior, justified punishment of dismissal. This Court stated "punishment of dismissal for using abusive language cannot be held to be disproportionate". If that be the position regarding verbal assault, we think that the position regarding dismissal for physical assault, must be found all the more justifiable. Recently, in Employers, Management, Muriadih Colliery M/s BCCL Ltd. v. Bihar Colliery Kamgar Union, Through Workmen (JT 2005 (2) SC 444) this Court after referring to and quoting the relevant passages from Management of Krishnakali Tea Estate v. Akhil Bharatiya Chah Mazdoor Sangh & Anr. [2004 (7) SCALE 608] and The Management of Tournamulla Estate Vs. Workmen, [(1973) 2 SCC 502] held :- "The courts below by condoning an act of physical violence have undermined the discipline in the organization, hence, in the above factual backdrop, it can never be said that the Industrial Tribunal could have exercised its authority under Section 11(A) of the Act to interfere with the punishment of dismissal." 9. In the case on hand, the employee has been found guilty of hitting and injuring his superior officer at the work place, obviously in the presence of other employees. This clearly amounted to breach of discipline in the organization. Discipline at the work place in an organization like the employer herein, is the sine qua non for the efficient working of the organization. When an employee breaches such discipline and the employer terminates his services, it is not open to a Labour Court or an Industrial Tribunal to take the view that the punishment awarded is shockingly disproportionate to the charge proved. We have already referred to the views of this Court. To quote Jack Chan, "discipline is a form of civilly responsible behaviour which helps maintain social order and contributes to the preservation, if not advancement, of collective interests of society at large." Obviously this idea is more relevant in considering the working of an organization like the employer herein or an industrial undertaking. Obedience to authority in a workplace is not slavery. It is not violative of one's natural rights. It is essential for the prosperity of the organization as well as that of its employees.

Result 17
Supreme Court of India
Nisha Priya Bhatia vs Shashi Prabha
Honourable Judges A.M. Khanwilkar, Dinesh Maheshwari
Date of Judgment: 24 Apr 2020
Segment Number (Approximate Page Number): 41
   
   
   

Further, it is submitted that O.M. dated 16.7.2015 vindicates the apprehension of bias as regards the composition of the Complaints Committee, vide paragraph 10 of the O.M., which reads thus: ­ “10. As the Complaints Committee also act as Inquiring Authority in terms of Rule 14(2) mentioned above, care has to be taken that at the investigation stage that impartiality is maintained. Any failure on this account may invite allegations of bias when conducting the inquiry and may result in the inquiry getting vitiated. As per the instructions, when allegations of bias are received against an Inquiring Authority, such Inquiring Authority is required to stay the inquiry till the Disciplinary Authority is required to stay the inquiry till the Disciplinary Authority takes a decision on the allegations of bias. Further, if allegations of bias are established against one member of the Committee on this basis, that Committee may not be allowed to conduct the inquiry.” 92. As regards the supply of the report of Complaints Committee to the petitioner, the respondents submit that as per O.M. dated 2.8.2016, where a Complaints Committee has not recommended any action against the charged officer, the Disciplinary Authority shall supply a copy of the report of the Complaints Committee to the victim/complainant and shall consider her representation before coming to a final conclusion. Notably, this submission is in line with the contention raised by the petitioner and needs to be examined as such. 93. The inquiry procedure adopted to deal with the complaints of sexual harassment at workplace has assumed a sacrosanct position in law and cannot be undermined under any pretext whatsoever. This Court, in a catena of pronouncements, has made it clear that fairness and reasonableness are inalienable parts of any procedure established by law. In the present case, however, we are inclined to observe that the relief claimed by the petitioner is ill advised. 94. The petitioner has called upon us to issue directions to the respondents (Department of Personnel and Training) for making additions in the CCS (CCA) Rules on certain counts. Strictly speaking, the law as regards the contours of powers to be exercised by the Court vis­a­vis the law/rule making authorities, is well settled and is premised on the tenets of judicial restraint and separation of powers. In other words, the Court should be loath to issue direction to the law/rule making bodies to enact a particular rule, more so when the alleged shortcomings in the rules are not even a part of the subject matter at hand. In Divisional Manager, Aravali Golf Club & Anr. vs. Chander Hass & Anr.40, this Court expounded the essence of judicial powers of this Court by relying upon Montesquieu’s The Spirit of Laws and noted thus: ­ “21. The theory of separation of powers first propounded by the French thinker Montesquieu (in his book `The Spirit of Laws') broadly holds the field in India too.

Result 18
Supreme Court of India
Union Of India vs Dilip Paul
Honourable Judges Dhananjaya Y. Chandrachud
Date of Judgment: 06 Nov 2023
Segment Number (Approximate Page Number): 36
   
   
   

Gender equality includes protection from sexual harassment and right to work with dignity. Page 50 of 104 4. In absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment and abuse more particularly against harassment at work place, the Hon'ble Supreme Court has laid down the guidelines and norms for compliance at all workplaces and institutions. Under Article 141 of the Constitution, these guidelines and norms of the Hon'ble Supreme Court are required to be treated as THE LAW OF THE LAND. 5. The National Commission for Women, a statutory and autonomous body constituted by the Government of India is working for justice for women, safeguarding their rights, and promoting women's empowerment. The NCW consequently formulated a code of conduct for work place putting down the Supreme Court guidelines in a simple manner which has been widely circulated. Arrangements at various levels have been made to ensure that the women employed in Departments work with utmost dignity and are free from all types of sexual harassment. Accordingly, following scheme of arrangements has been devised for SSB: 6. DEFINITION Sexual harassment will include such unwelcome sexually determined behaviour by any person either individually or in association with other persons or by any person in authority whether directly or by implication such as:- i) Physical contact and advances. ii) A demand or request for sexual favours. iii) Sexually coloured remarks. iv) Eve-teasing. v) Unsavoury remarks. vi) Jokes causing or likely to cause awkwardness or embarrassment. vii) Innuendos and taunts. viii) Gender based insults or sexist remarks. ix) Unwelcome sexual overtone in any manner such as over telephone (obnoxious telephone calls) and the like. x) Touching or brushing against any part of the body and the like. Page 51 of 104 xi) Displaying pornographic or other offensive or derogatory pictures cartoons, pamphlets or sayings. xii) Forcible physical touch or molestation. xiii) Physical confinement against one's will and other act likely to violate one's privacy. xiv) Any other unwelcome physical verbal or non-verbal conduct of sexual nature. And includes any act or conduct by a person in authority and belonging to one sex which denies or would deny equal opportunity in pursuit of career development or otherwise making the environment at the work place hostile or intimidating to a person belonging to the other sex, only on the ground of sex. For any further interpretation, elaboration or explanation in the, matter or any of its ingredient thereto, the judgement of Hon'ble Supreme Court or the guidelines of National Commission for Women may be referred to which are being annexed.

Result 19
Supreme Court of India
P. S. Malik vs High Court Of Delhi
Honourable Judges Navin Sinha, Ashok Bhushan
Date of Judgment: 21 Aug 2019
Segment Number (Approximate Page Number): 1
   
   
   

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITOIN (CIVIL) NO.705 OF 2018 P.S. MALIK ...PETITIONER(S) VERSUS HIGH COURT OF DELHI & ANR. ...RESPONDENT(S) J U D G M E N T ASHOK BHUSHAN, J. The petitioner, A Judicial Officer in Delhi Higher Judicial Services, against whom disciplinary proceedings alleging sexual harassment is underway, has filed this writ petition under Article 32 of the Constitution of India praying for following reliefs:- “a. issue a writ, order or direction in the nature of certiorari quashing the resolution of Respondent No.1, the Full Court of Delhi High Court dated 13.07.2016 inToto, cited in the report dated 09.03.2018 (Annexure-P-12) and also all subsequent resolutions passed by Full Court of Delhi High Court dated Signature Not Verified Digitally signed by 19.07.2016, 16.11.2016, 23.02.2017, NEELAM GULATI Date: 2019.08.21 16:26:47 IST 06.07.2017 or on any other date in Reason: relation to this enquiry, cited in the report dated 09.03.2018 (Annexure-P- 12) as the same are arbitrary, without any jurisdiction and violative of the provisions of Sexual Harassment of Women at Workplace Prevention, Prohibition and Redressal) Act of 2013, Art. 14 and Art. 21 of the Constitution of India; b. issue a writ, order or direction in the nature of certiorari quashing the proceedings of ICC the Respondent number 2 as held by it under the Provisions of the Act of 2013. c. issue a writ, order or direction in the nature of certiorari quashing the Charge sheet dated 23.02.2017 (Annexure-P-7) issued by the Respondent No.1 on the recommendation of the Respondent No.2; d. issue a writ, order or direction in the nature of certiorari quashing the report dated 9.3.2018 (Annexure-P-12) of the ICC, the 2nd Respondent herein along with all the proceedings of the Respondents leading thereto; e. issue a writ, order or direction in the nature of certiorari quashing the letter of e Hon’ble Delhi High Court dated 15.05.2018 (Annexure-P-11) issued by Respondent No.1; and f. pass any other writ, order or direction as this Hon’ble Court deems fit to grant in the interest of justice.” 2. Brief facts necessary for deciding this writ petition are:- 2.1 The petitioner has been working as Additional District Judge at Dwarka, New Delhi. On 05.07.2016, a written complaint was submitted against the petitioner by a lady, Junior Judicial Assistant (hereinafter referred to as “employee”) alleging sexual harassment at work place. The complaint was addressed to the Chief Justice of High Court of Delhi. The Junior Judicial Assistant was working as Ahlmad in the Court of the petitioner w.e.f. 18.05.2015. She continued to work in that capacity till 18.05.2016. Another complaint dated 11.07.2016 was submitted by the employee to the Chief Justice.

Result 20
Supreme Court of India
Union Of India vs Dilip Paul
Honourable Judges Dhananjaya Y. Chandrachud
Date of Judgment: 06 Nov 2023
Segment Number (Approximate Page Number): 10
   
   
   

Point 8: That Shri Dilip Paul began victimising her for her refusal to submit to his unwelcome sexual advances soon after he learnt that she had made a complaint about his misconduct to Shri S.C. Katoch, who happened to be DIG of another area. Smt. X had telephoned Shri S.C. Katoch after the incident reported in point 10, and told him all that had been taking place. She stated that Shri Katoch informed her in a subsequent phone call that she made to him that he had issued a verbal reprimand to Shri Dilip Paul. However, a few days after the incident, Shri Dilip Paul called her into his office and asked her whether she had made a complaint against him to Shri Katoch. Smt. X confirmed to him that she had indeed done so, and to scare him, told him that she had made a written complaint. From that day on, Shri Dilip Paul withdrew all the work that was assigned to her and assigned it to another employee. Thereafter, and for the next three months, Smt. X was made to sit idle in the office. Point 9: In late August 2010, Smt. X approached IG S.K. Singhal with a written complaint of sexual harassment in the workplace, which also contained an application for her transfer to Ftr Hqr Guwahati. Shri Singhal asked her to separate the two complaints of sexual harassment in the workplace from the transfer request and issued an order transferring her to Ftr Hqr Guwahati on 1 Page 15 of 104 September 2011. However, the transfer order did not contain directions for the payment of TA/DA and did not provide her any joining time. Point 10: Smt. X has also complained that the now-quashed enquiry into her complaint of sexual harassment in November 2011 did not provide her sufficient time or opportunity to submit additional documents and produce additional witnesses relating to the past history of the accused. She has also stated that she was not afforded the right of cross-examination of Shri Paul, or a chance to rebut his alleged false statements. After the completion of the thereafter quashed enquiry, she was not also provided a copy of the enquiry report. In her deposition as well as the written submissions made to the Complaints Committee, she also pleaded that due cognizance be taken of the fact that, as a woman employee of the SSB, she was entirely unaware of that a Complaints Committee mechanism for dealing with complaints of sexual harassment was in place, and that as a complainant, she had the right to submit a request for either her own transfer or the transfer of the defendant.

Result 21
Supreme Court of India
Aureliano Fernandes vs State Of Goa .
Honourable Judges Ms. Kohli, Ms. Trivedi
Date of Judgment: 12 May 2023
Segment Number (Approximate Page Number): 23
   
   
   

Needless to state that the fact situation in each case will vary and therefore no set standards or yardstick can be laid down for conducting the inquiry in complaints of this nature. However, having regard to the serious ramifications with which the delinquent employee may be visited at the end of the inquiry, any discordant note or unreasonable deviation from the settled procedures required to be followed, would however strike at the core of the principles of natural justice, notwithstanding the final outcome. K. JOURNEY FROM “VISHAKA” CASE TO THE PoSH ACT (a) VISHAKA GUIDELINES : FILLING IN THE VACUUM : 48. The occasion to amend Rule 14 (2) of the CCS (CCA) Rules and append a proviso thereto was a direct consequence of judicial intervention by this Court in the case of Vishaka (supra), where the powers vested under Article 32 of the Constitution of India were exercised by a three-Judge Bench to enforce the fundamental rights of women to “gender equality and right to life and liberty”, bestowed under Articles 14, 15, 19(1)(g) and 21 of the Constitution of India. Treating a set of writ petitions filed by some social activists and NGOs, who were agitating the brutal gang rape of a social worker in a Page 31 of 59 CIVIL APPEAL NO. 2482 of 2014 village of Rajasthan as a class action, this Court worked towards filling in the vacuum in the existing legislation. Noting the absence of any Statute enacted to provide for effective enforcement of the basic human right of gender equality and guarantee against sexual abuse, particularly against sexual harassment at work places, the Court drew strength from several provisions of the Constitution of India including Article 1560, Article 4261 and Article 51(A)62 and with the aid of the relevant International Conventions and norms including the General Recommendations of the CEDAW63 that had passed a Resolution on 25th June, 1993, resolving that an effective complaint mechanism be put in place to address sexual harassment in the work place, laid down a set of Guidelines and norms with a direction that they would be strictly adhered to at all work places and shall be binding and enforceable in law till the vacuum was filled and a legislation was enacted to occupy the field. The Guidelines directed creation of a complaints mechanism to ensure time bound treatment of complaints, constitution of a Complaints Committee and recommended, disciplinary action where such conduct amounted to misconduct in employment ‘as defined by the relevant service rules’. The momentous judgment in Vishaka’s case (supra) was delivered on 13th August,1997 and the Guidelines declared by the Court continued to hold the field till the Sexual Harassment of Women at Article 15: The State shall not discriminate against any citizen on grounds of religion, race, caste, sex, place of birth of any of them. Article 42: The State shall make provisions for securing just and humane conditions of work and for maternity relief.

Result 22
Supreme Court of India
Vijayakumaran C.P.V vs Central University Of Kerala
Honourable Judges A.M. Khanwilkar, Hemant Gupta, Dinesh Maheshwari
Date of Judgment: 28 Jan 2020
Segment Number (Approximate Page Number): 8
   
   
   

10. Upon receipt of complaints from aggrieved women (girl students of the University) about the sexual harassment at workplace (in this case, University campus), it was obligatory on the Administration to refer such complaints to the Internal Committee or the Local Committee, within the stipulated time period as predicated in Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (for short, ‘the 2013 Act’). Upon receipt of such complaint, an inquiry is required to be undertaken by the Internal Committee or the Local Committee in conformity with the stipulations in Section 11 of the 2013 Act. The procedure for conducting such inquiry has also been amplified in the 2015 Regulations. Thus understood, it necessarily follows that the inquiry is a formal inquiry required to be undertaken in terms of the 2015 Regulations. The allegations to be inquired into by such Committee being of “sexual harassment” defined in Section 2(n) read with Section 3 of the 2013 Act and being a serious matter bordering on criminality, it would certainly not be advisable to confer the benefit on such employee by merely passing a simple order of termination. Such complaints ought to be taken to its logical end by not only initiating departmental or regular inquiry as per the service rules, but also followed by other actions as per law. In such cases, a regular inquiry or departmental action as per service rules is also indispensable so as to enable the employee concerned to vindicate his position and establish his innocence. We say no more. 11. A priori, we have no hesitation in concluding that the impugned termination order dated 30.11.2017 is illegal being ex­facie stigmatic as it has been issued without subjecting the appellant to a regular inquiry as per the service rules. On this conclusion, the appellant would stand reinstated, but whether he should be granted backwages and other benefits including placing him under suspension and proceeding against him by way of departmental or regular inquiry as per the service rules, is, in our opinion, a matter to be taken forward by the authority concerned in accordance with law. We do not intend to issue any direction in that regard keeping in mind the principle underlying the exposition of the Constitution Bench in Managing Director, ECIL, Hyderabad & Ors. vs. R. Karunakar & Ors. 4. In that case, the Court was called upon to decide as to what should be the incidental order to be passed by the Court in case after following necessary procedure, the Court/Tribunal was to set aside the order of punishment. The Court observed thus: ­ “31. ……………….

Result 23
Supreme Court of India
Medha Kotwal Lele & Ors vs U.O.I. & Ors
Honourable Judges Ranjan Gogoi, Anil R. Dave, R.M. Lodha
Date of Judgment: 19 Oct 2012
Segment Number (Approximate Page Number): 8
   
   
   

We are of the considered view that the existing laws, if necessary, be revised and appropriate new laws be enacted by Parliament and the State Legislatures to protect women from any form of indecency, indignity and disrespect at all places (in their homes as well as outside), prevent all forms of violence – domestic violence, sexual assault, sexual harassment at the workplace, etc; — and provide new initiatives for education and advancement of women and girls in all spheres of life. After all they have limitless potential. Lip service, hollow statements and inert and inadequate laws with sloppy enforcement are not enough for true and genuine upliftment of our half most precious population – the women. 16. In what we have discussed above, we are of the considered view that guidelines in Vishaka should not remain symbolic and the following further directions are necessary until legislative enactment on the subject is in place. (i) The States and Union Territories which have not yet carried out adequate and appropriate amendments in their respective Civil Services Conduct Rules (By whatever name these Rules are called) shall do so within two months from today by providing that the report of the Complaints Committee shall be deemed to be an inquiry report in a disciplinary action under such Civil Services Conduct Rules. In other words, the disciplinary authority shall treat the report/findings etc. of the Complaints Committee as the findings in a disciplinary inquiry against the delinquent employee and shall act on such report accordingly. The findings and the report of the Complaints Committee shall not be treated as a mere preliminary investigation or inquiry leading to a disciplinary action but shall be treated as a finding/report in an inquiry into the misconduct of the delinquent. (ii) The States and Union Territories which have not carried out amendments in the Industrial Employment (Standing Orders) Rules shall now carry out amendments on the same lines, as noted above in clause (i) within two months. (iii) The States and Union Territories shall form adequate number of Complaints Committees so as to ensure that they function at taluka level, district level and state level. Those States and/or Union Territories which have formed only one Committee for the entire State shall now form adequate number of Complaints Committees within two months from today. Each of such Complaints Committees shall be headed by a woman and as far as possible in such Committees an independent member shall be associated. (iv) The State functionaries and private and public sector undertakings/organisations/bodies/institutions etc. shall put in place sufficient mechanism to ensure full implementation of the Vishaka guidelines and further provide that if the alleged harasser is found guilty, the complainant – victim is not forced to work with/under such harasser and where appropriate and possible the alleged harasser should be transferred.

Result 24
Supreme Court of India
Union Of India vs Dilip Paul
Honourable Judges Dhananjaya Y. Chandrachud
Date of Judgment: 06 Nov 2023
Segment Number (Approximate Page Number): 46
   
   
   

We implore 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.” (Emphasis supplied) E.2 Whether the Central Complaints Committee could have looked into the second complaint dated 18.09.2012? 45. The High Court in its impugned judgment observed that the Disciplinary Authority had constituted the Central Complaints Committee on the basis of the complaint filed by the victim. Since, at the time when the Central Complaints Committee came to be constituted, there was only one complaint i.e., the complainant’s first complaint dated 30.08.2011, it necessarily meant that the Central Complaints Committee was mandated and empowered to inquire into only that complaint to which the committee owed its existence or in other words, the complaint that was before the Disciplinary Authority which led the authority to take the decision of constituting the Central Complaints Committee in the first place. 46. At this juncture, it would be apposite to refer to the 2006 Standing Order more particularly Clause 10(i), which prescribes the first step for making a Page 65 of 104 complaint of sexual harassment and provides how the complaint and redressal mechanism for sexual harassment is set-into motion. The said provision is being reproduced below: - “10. COMPLAINT MECHANISM i) Any person aggrieved shall prefer a complaint before the Complaints Committee at the earliest point of time.” 47. A bare perusal of the aforementioned provision makes it abundantly clear that the complaint mechanism begins with a complaint being made to the “complaints committee” and as such any inquiry into the complaint of sexual harassment under Rule 14 of the 1965 CCS Rules read with the 2006 Standing Order begins the moment any complaint is made to a complaints committee specified in Clause 9, be it a Frontier Complaints Committee or a Central Complaints Committee. 48. The use of the words “Any person aggrieved shall prefer a complaint before the Complaints Committee at the earliest point of time” connotes two pertinent aspects; (i) first, that the word “prefer” stipulates that the said provision is an enabling provision that permits a person from making a complaint of sexual harassment directly to the complaints committee which is the designated committee for looking into such complaints and (ii) secondly, the said provision contains nothing which could be construed to inhibit the filing of a subsequent or additional complaint before the complaints committee. Page 66 of 104 49. What emerges from the aforesaid is that irrespective of whether a prior complaint had already been made to any authority, a complaint regarding sexual harassment could be made under Clause 10(i) of the 2006 Standing Order to the complaints committee as-well.

Result 25
Supreme Court of India
Union Of India vs Dilip Paul
Honourable Judges Dhananjaya Y. Chandrachud
Date of Judgment: 06 Nov 2023
Segment Number (Approximate Page Number): 29
   
   
   

This is done in exercise of the power available under Article 32 of the Constitution for enforcement of the fundamental rights and it is further emphasised that this would be Page 40 of 104 treated as the law declared by this Court under Article 141 of the Constitution. 17. The GUIDELINES and NORMS pre-scribed herein are as under: HAVING REGARD to the definition of “human rights” in Section 2(d) of the Protection of Human Rights Act, 1993. TAKING NOTE of the fact that the present civil and penal laws in India do not adequately provide for specific protection of women from sexual harassment in work places and that enactment of such legislation will take considerable time, It is necessary and expedient for employers in workplaces as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women: 1. Duty of the Employer or other responsible persons in workplaces and other institutions: It shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required. 2. Definition For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as: a) physical contact and advances; b) a demand or request for sexual favours; c) sexually coloured remarks; d) showing pornography; e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Where any of these acts is committed in circumstances whereunder the victim of such conduct has a reasonable Page 41 of 104 apprehension that in relation to the victim's employment or work whether she is drawing salary, or honorarium or voluntary, whether in Government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto. 3. Preventive Steps: All employers or persons in charge of workplace whether in the public or private sector should take appropriate steps to prevent sexual harassment.

Result 26
Supreme Court of India
Madhya Pradesh Electricity Board vs Jagdish Chandra Sharma
Honourable Judges Tarun Chatterjee, P.K.Balasubramanyan
Date of Judgment: 04 Mar 2005
Segment Number (Approximate Page Number): 5
   
   
   

The discretion which can be exercised under Section 11-A is available only on the existence of certain factors like punishment being disproportionate to the gravity of misconduct so as to disturb the conscience of the court, or the existence of any mitigating circumstances which requires the reduction of the sentence, or the past conduct of the workman which may persuade the Labour Court to reduce the punishment." It may also be noticed that in Orissa Cement Ltd. vs. V. Adikanda Sahu (1960 (1) LLJ-518-SC) and in New Shorrock Mills vs. Maheshbhai T. Rao, (1996) 6 SCC 590, this Court held that use of abusive language against a superior, justified punishment of dismissal. This Court stated "punishment of dismissal for using abusive language cannot be held to be disproportionate". If that be the position regarding verbal assault, we think that the position regarding dismissal for physical assault, must be found all the more justifiable. Recently, in Employers, Management, Muriadih Colliery M/s BCCL Ltd. v. Bihar Colliery Kamgar Union, Through Workmen (JT 2005 (2) SC 444) this Court after referring to and quoting the relevant passages from Management of Krishnakali Tea Estate v. Akhil Bharatiya Chah Mazdoor Sangh & Anr. [2004 (7) SCALE 608] and The Management of Tournamulla Estate Vs. Workmen, [(1973) 2 SCC 502] held :- "The courts below by condoning an act of physical violence have undermined the discipline in the organization, hence, in the above factual backdrop, it can never be said that the Industrial Tribunal could have exercised its authority under Section 11(A) of the Act to interfere with the punishment of dismissal." 9. In the case on hand, the employee has been found guilty of hitting and injuring his superior officer at the work place, obviously in the presence of other employees. This clearly amounted to breach of discipline in the organization. Discipline at the work place in an organization like the employer herein, is the sine qua non for the efficient working of the organization. When an employee breaches such discipline and the employer terminates his services, it is not open to a Labour Court or an Industrial Tribunal to take the view that the punishment awarded is shockingly disproportionate to the charge proved. We have already referred to the views of this Court. To quote Jack Chan, "discipline is a form of civilly responsible behaviour which helps maintain social order and contributes to the preservation, if not advancement, of collective interests of society at large." Obviously this idea is more relevant in considering the working of an organization like the employer herein or an industrial undertaking. Obedience to authority in a workplace is not slavery. It is not violative of one's natural rights. It is essential for the prosperity of the organization as well as that of its employees.

Result 27
Supreme Court of India
Union Of India vs Mudrika Singh
Honourable Judges Dr. Chandrachud, A.S. Bopanna
Date of Judgment: 03 Dec 2021
Segment Number (Approximate Page Number): 22
   
   
   

32 Before we conclude our analysis, we would also like to highlight a rising trend of invalidation of proceedings inquiring into sexual misconduct, on hyper-technical interpretations of the applicable service rules. For instance, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 penalizes several misconducts of a sexual nature and imposes a mandate on all public and private organizations to create adequate mechanisms for redressal. However, 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. 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 PART D 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. In the present case, the complainant was a constable complaining against the respondent who was the head constable – his superior. Without commenting on the merits of the case, it is evident that the discrepancy regarding the date of occurrence was of a minor nature since the event occurred soon after midnight and on the next day. 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 history of legal proceedings such as these is a major factor that contributes to the deterrence that civil and criminal mechanisms pose to persons aggrieved of sexual harassment. The High Court, in this case, was not only incorrect in its interpretation of the jurisdiction of the Commandant and the obligation of the SSFC to furnish reasons under the BSF Act 1968 and Rules therein, but also demonstrated a callous attitude to the gravamen of the proceedings. We implore 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. 33 The appeal is accordingly allowed and the impugned judgment and order of the Division Bench of the Calcutta High Court of 18 December 2018 and of the PART D Single Judge of the Calcutta High Court on 7 May 2009 are set aside. In consequence, the writ petition filed by the respondent shall stand dismissed. 34 The appeal is disposed of in the above terms.

Result 28
Supreme Court of India
Union Of India vs Dilip Paul
Honourable Judges Dhananjaya Y. Chandrachud
Date of Judgment: 06 Nov 2023
Segment Number (Approximate Page Number): 37
   
   
   

7. DUTY OF THE HEAD OF THE UNIT/OTHER RESPONSIBLE PERSONS IN WORK PLACES 1. He shall take all necessary steps at work place to prevent or deter the commission of acts of sexual harassment or the acts outraging/insulting the modesty of a women employee. 2. He shall ensure that women employee is not be treated as sex object. 3. He shall provide for the proper grievance redressal & remedial mechanism in the unit for the purpose. 4. He would enforce express prohibition of sexual harassment as defined above at the work place and get it notified, published and circulated in appropriate ways. 5. He would augment appropriate work condition in respect of work, leisure, health and hygiene to further ensure that there is not hostile environment towards women at work places and no women employee should have reasonable grounds to believe that she is disadvantaged in connection with employment. Page 52 of 104 6. He will ensure suitable arrangements for prevention of sexual harassment as a result of an act or omission by any third party or outsider and would provide necessary and reasonable assistance to the affected person in terms of support and preventive actions. 8. CRIMINAL PROCEEDINGS Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the head of unit/competent authority shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority. In particular, it should ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer. 9. COMPLAINT COMMITTEES Complaint Committees at two levels will exist in SSB i.e. Central Complaint Committee at the Directorate and Frontier Complaint Committee at the Frontier level. (a) The Central Complaint Committee will consist of the following: i) Chairperson One lady officer of the rank of DIG/Commandant rank to be appointed by IG (Pers). ii) Member-I One lady Gazetted Officer to be appointed by IG (Pers). iii) Member-II Nomination from an NGO recognized by NCW or One Counsellor from NGO (nomination from an NGO recognized by NCW) to be solicited by the Chairperson of the Committee. iv) Member-III AD (Legal) Force Headquarters or the senior most Law Officer. Page 53 of 104 (b) Frontier level Complaint Committee will be constituted as follows: - i) Chairperson One Gazetted rank lady officer to be appointed by the Frontier IG. ii) Member-I One counsellor from an NGO (Nomination from an NGO recognized by NCW to be solicited by the Chairperson of the Committee) iii) Member-II Legal Officer of Frontier (Ex-officio member) 1. Chairman of committee should be senior to the officer / official against whom the complaint is made.

Result 29
Supreme Court of India
Vishaka & Ors vs State Of Rajasthan & Ors
Honourable Judges Chief Justice, Sujata V. Manohar, B. N. Kirpal
Date of Judgment: 13 Aug 1997
Segment Number (Approximate Page Number): 8
   
   
   

In view of the above, and the absence of enacted law to provide fro the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment and abuse, more particularly against sexual harassment at work places, we lay down the guidelines and norms specified hereinafter for due observance at all work places or other institutions, until a legislation is enacted for the purpose. This is done in exercise of the power available under Article 32 of the Constitution for enforcement of the fundamental rights and it is further emphasised that this would be treated as the law declared by this Court under Article 141 of the Constitution. The GUIDELINES and NORMS prescribed herein are as under:- HAVING REGARD to the definition of 'human rights' in Section 2(d) of the Protection of Human Rights Act, 1993, TAKING NOTE of the fact that the present civil and penal laws in India do not adequately provide for specific protection of women from sexual harassment in work places and that enactment of such legislation will take considerable time, It is necessary and expedient for employers in work places as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women: 1. Duty of the Employer or other responsible persons in work places and other institutions: It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required. 2. Definition: For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as: a) physical contact and advances; b) a demand or request for sexual favours; c) sexually coloured remarks; d) showing pornography; e) any other unwelcome physical verbal or non-verbal conduct of sexual nature.

Result 30
Supreme Court of India
Ravinder Kumar Dhariwal vs The Union Of India
Honourable Judges Dr. Chandrachud, A.S. Bopanna
Date of Judgment: 17 Dec 2021
Segment Number (Approximate Page Number): 41
   
   
   

He was discharged because of the threats he made about injuring himself and others. The Court of Appeals, Tenth Circuit held that he posed a direct risk to the safety of others and himself, especially because he worked with high-power explosives. Further, an employer does not have the duty to eliminate essential functions or the fundamental duties of an employment position to reasonably 42 U.S. C. § 12112. Major William E. Brown & Major Michele Parchman, The Impact of the Americans with Disability Amendments Act of 2008 on the Rehabilitation Act and Management of Department of the Army Civilian Employees, 1 Army Lawyer 43 (2010). Ibid. 42 U.S.C. § 12111. 42 U.S.C. § 12113. 235 F.3d 1284,. 1290 (10 th Cir.2000). PART C accommodate an employee with a disability. However, the employer must take into consideration if such essential functions can be performed with reasonable accommodation. 64 72. The Equal Employment Opportunity Commission 65, which is empowered to enforce Title I of the ADA, in its enforcement guidance relating to mental health conditions has observed that while employers do not have to hire persons who cannot perform a particular employment duty or pose a direct threat to the safety of others and self, the employer “cannot rely on myths or stereotypes” in relation to mental health conditions. There must be some objective evidence to the effect that even with reasonable accommodation a person with a mental disability cannot perform the required tasks, or they pose a safety risk. The guidance also provides examples of reasonable accommodation for persons with a mental disability that include quiet office space, changes in supervisory methods, and permission to work from home. 66 However, the employer’s duty to reasonably accommodate a person is prospective, i.e., it is triggered when the employee informs the employer of the disability and requests an accommodation. For instance, the Court of Appeals for the Federal Circuit held that an employer was not obligated to accommodate a plaintiff’s depression and alcoholism (considered as a disability under ADA) before it knew of it. In many cases, especially relating to misconduct-related discharges, employees fail to request US Equal Employment Opportunity Commission, Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA, available at https://www.eeoc.gov/laws/guidance/enforcement-guidance- reasonable-accommodation-and-undue-hardship-under-ada#N_13_; Also, see Regulations To Implement The Equal Employment Provisions Of The Americans With Disabilities Act. “EEOC” EEOC, Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights, available at https://www.eeoc.gov/laws/guidance/depression-ptsd-other-mental-health-conditions-workplace-your-legal-rights Office of the Senate Sergeant at Arms v. Office of Senate Fair Employment Practices, 95 F.3d 1102, 1107 (Fed. Cir. 1996) cited in Ibid.

Relevant High Court Judgments
Year From: 1950, Year To: 2024

Result 1
Delhi High Court
Samridhi Devi vs Union Of India (Uoi) And Ors.
Honourable Judges S. Ravindra Bhat
Date of Judgment: 7 November 2005
Segment Number (Approximate Page Number): 14
   
   
   

1475 [1997]) that appropriate remedial and corrective action includes measures reasonably calculated to end current harassment and to deter future harassment from the same, or other offenders. The 9th US Court of Appeals, in Yamaguchi's case (supra) summarised the position as follows : "An employer is liable for a co-worker's sexual harassment only if, after the employer learns of the alleged conduct, he fails to take adequate remedial measures. These measures must include immediate and corrective action reasonably calculated 1) to end the current harassment, and 2) to deter future harassment from the same offender or others. Fuller v. City of Oakland, Cal., 47 F. 3d 1522, 1528 (9th Cir. 1995) (citing Ellison v. Bardy, 924 F.2d 872, 882 (9th Cir. 1991). In Ellison, this court held that to avoid liability an employer must take at least some fort of disciplinary action against a harassing co-worker in order to prevent future workplace sexual harassment. Intekofer v. Turage, 973, F.2d 773, 777 (9th Cir, 1992); Ellison, 924 F.2d at 881-82 ("[employers send the wrong message to potential harassers when they do not discipline employees for sexual harassment" and "{e}mployers have a duty to `express{} strong disapproval' of sexual harassment, and to `develop {} appropriate sanction' . "(quoting 29 C.F.R. S 1604.11(f) ; see also Fuller, 47 F.3d at 1529. Failing to "take even the mildest form of disciplinary action" renders the remedy insufficient under Title VII. Ellison, 924 F.2d at 882. Page 1968 The adequacy of the employer' response depends on the sriousness of the sexual harassment. Id." 35. The objective of putting in place guidelines in Vishaka was to ensure that the workplace was rendered safe, and assure other female employees that in the event of similar future behavior, the employer would take prompt and serious action. In that sense, the requirement of taking action is not merely subjective to the incident, or facts of a case, it is to comply with, and sub-serve a wider societal purpose. 36. The disciplinary authority, in its order had discussed all aspects, including the nature of the charge and the evidence, and concurred with the Enquiry Officer. In the light of totality of the circumstances, it imposed the penalty of dismissal. The fourth respondent, in exercise of his right to appeal, questioned that order.

Result 2
Madras High Court
M/S. Isg Novasoft Technologies Limited vs Ms. Gayatri Balasamy
Honourable Judges R. Subbiah, Krishnan Ramasamy
Date of Judgment: 8 August 2019
Segment Number (Approximate Page Number): 21
   
   
   

29. The argument of the learned counsel for the claimant is that the respondent company failed to provide a safe environment or set up a committee for resolution of the complaint and therefore compelled the Claimant to seek other remedies. Apart from the fact that as pointed out by the learned counsel for the respondent, the company did have a grievance committee, the absence of a redressal mechanism does not indicate any injury to the claimant. 30. There is a natural right to a safe working environment for any worker and if it is not provided, the worker can claim that there is a fundamental breach of contract and terminate the employment on failure to provide safe environment and seek damages. Considered in this light also the measure of damages cannot be more than a year's salary as discussed earlier and cannot be given in addition to the severance pay already given as the consequence of termination is only one even if there are several breached. 31. Even if look outside the contract and there is no statutory law, there is always a common law of torts which recognizes the duty of care by the employer to the employees and right of the employee for seeking damages, if there is a failure on the part of the employer to discharge that duty to take care, results in some injury. In the case of harassment by a co-worker the direct liability can only be of that of the offending co-worker. There is no question of vicarious liability on the part of employer, http://www.judis.nic.in unless the offense was committed by the offending employee in OSA No. 59 of2015 the discharge of his duties and authorised by the employer. In a case where co-worker harasses another worker, the remedy can be only against offending co-worker. Even that remedy is possibly only when the harassment has resulted in some injury. If the employee has not suffered any injury, physical, mental or emotional, by reason of the offending behaviour of the co-worker there will be no cause of action even against the co-worker. Yet the work environment may be uncomfortable. It is only to make the work environment alright that the Supreme Court had suggested creating a mechanism for a complaint and redressal. Such redressal will take a form of either removing the offending employee or punishing him.

Result 3
Delhi High Court
Dr. Punita K. Sodhi vs Union Of India And Ors.
Honourable Judges S. Muralidhar
Date of Judgment: 9 September 2010
Segment Number (Approximate Page Number): 34
   
   
   

Men, who are rarely victims of sexual assault, may view sexual conduct in a vacuum without a full appreciation of the social setting or the underlying threat of violence that a woman may perceive. In order to shield employers from having to accommodate the idiosyncratic concerns of the rare hyper-sensitive employee, we hold that a female plaintiff states a prima facie case of hostile environment sexual harassment when she alleges conduct which a reasonable woman would consider sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment.€– (emphasis supplied) (footnotes omitted) Decision of our court 77. In U.S. Verma, Principal, DPS v. National Commission for Women 163 (2009) DLT 557 this Court, while holding that the NCW did not have the powers to take over the functions of an internal sexual harassment complaints committee suo moto, quashed the report of the sexual harassment enquiry committee appointed by the management, DPS Faridabad where three teachers and a staff member of the school had complained of sexual harassment. An internal report indicted the Principal in all the cases. However, the enquiry committee constituted subsequently by the management gave a clean chit to the Principal. All the complainants had left their jobs as a consequence of the allegations and counter allegations. After discussing the evolution of the law against sexual harassment, the Court observed as under: €•67. Whenever such complaints of harassment arise, it is expected that the authority - be it employer, regulator (of private enterprise, or agency, against which such complaint is made) is alive that such are outlawed not only because they result in gender discrimination, of the individual aggrieved, but since they create and could tend to create a hostile work environment, which undermines the dignity, self-esteem and confidence of the female employees, and would tend to alienate them.

Result 4
Madras High Court
M/S. Isg Novasoft Technologies Limited vs Ms. Gayatri Balasamy
Honourable Judges R. Subbiah, Krishnan Ramasamy
Date of Judgment: 8 August 2019
Segment Number (Approximate Page Number): 20
   
   
   

It is also claimed that she had to spend a lot of time and money on the litigation which has been consequence of a failure of the Board of Directors to enquire into a complaint and find a solution. The defense of the Respondent is that there is a grievance redressal committee in the company and she had not made any complaint of harassment at any time. It is pointed out that even in the e-mail message referred to above there is no complaint of sexual harassment. In the FIR filed on 26th December 2007, one week after her employment was terminated on 20th December 2007, the allegations were made with reference to three SMS messages sent in May 2006. It was submitted by the counsel for the respondent that the SMS messages should not be read in isolation and should be read int http://www.judis.nic.in he context of hundreds of other SMS messages exchanged OSA No. 59 of2015 between the two persons in the course of their official work and applied for taking on record the phone and a transcript of all the messages sent from that phone of the CEO. The Claimant objected and I have declined to take them on record because there is no issue before me about sexual harassment as such and I am not required to see them. It was then submitted by the counsel for the respondent that the accusation was motivated by the desire of the Claimant to get a large amount as termination compensation. It was also submitted that the entire litigation was started only by her and she cannot blame the company for the consequence of her not being able to get an alternate job. 28. The Supreme Court recognised the fundamental right of women for safe working environment. Since there is no legislative protection for women, the Supreme Court framed a scheme in the case of Visaka and others vs. State of Rajasthan (AIR 1997 Supreme Court 3011) setting out the minimum standards for maintaining safe working environment. The Court held it shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.

Result 5
Madras High Court
Ms.X vs Y Ltd. & Another
Honourable Judges V.Ramasubramanian
Date of Judgment: 2 September 2014
Segment Number (Approximate Page Number): 45
   
   
   

122. In the case on hand, the employer had an obligation imposed by the decision of the Apex Court, to constitute a committee. The constitution of such a committee was intended to serve two purposes namely (i) to redress the grievances of women employees; and (ii) to send a clear signal to all the employees that complaints of sexual assaults would be enquired into by a committee specially constituted for the purpose, with the participation of outsiders. In other words, the constitution of the committee was to serve both as preventive as well as punitive. It is actually the failure of the first respondent to constitute such a committee, as mandated by law, that gave rise to a vicarious liability on the part of the first respondent. This aspect has been completely overlooked by the Arbitrator. 123. Likewise, the finding of the Arbitrator that the delay on the part of the petitioner in lodging a criminal complaint, especially after moving out of the company, indicated that she was only interested in compensation, is completely perverse. If the company had failed in its legal duty imposed in terms of the decision of the Supreme Court in Vishaka, then the employee cannot be expected to lodge a police complaint even while continuing in employment. The existence of a grievance committee or an ombudsperson can never be an excuse for violating the mandate of law as laid down by the Supreme Court. The failure of the petitioner to raise the issue of sexual harassment from May 2006 onwards till December 2007 and the repeated claims made by the petitioner for compensation in her correspondence during this period, cannot belittle a complaint of this nature. 124. What is more shocking is the finding of the Arbitrator in paragraph 32 of the award that the petitioner had not alleged or proved any physical, mental or emotional injury. What is res ipsa loquitor needs no proof. Emotional or mental injury for a woman is an automatic and natural result of sexual harassment at work place, unless it is pleaded by the offender that the woman in question was happy about it. It was not the case of the first respondent that the petitioner was happy about the harassment and actually welcomed it. The moment harassment is established, emotional and mental injury is to be presumed. It was for the first respondent to rebut the presumption.

Result 6
Madras High Court
Ms.X vs Y Ltd. & Another
Honourable Judges V.Ramasubramanian
Date of Judgment: 2 September 2014
Segment Number (Approximate Page Number): 42
   
   
   

But, the Arbitrator held that the direct liability in the case of harassment by a co-worker is only on the offending co-worker and that there is no question of vicarious liability on the part of the employer, unless the offence was committed by the offending employee in the discharge of his duties and authorized by the employer. 117. The Arbitrator also went on to hold that the claimant (the petitioner herein) had not alleged or proved any physical, mental or emotional injury on account of receiving certain SMS messages indicating inappropriate behaviour. The Arbitrator found fault with the petitioner for not making any complaint in May 2006, but filing the first information report only in December 2007, a week after leaving the job. In view of the fact that there was a continuous discussion between the parties about the compensation payable for termination, the Arbitrator came to the conclusion that the prosecution launched by her under the Tamil Nadu Prohibition of Harassment of Women Act, 1998, was conceived by the company to be an attempt to extract higher amount of compensation. Since there was a grievance committee in the company, to which, the petitioner never complained at any time, while she was in service and also since the persons, to whom she complained, were not the directors of the company, the Arbitrator came to the conclusion that the prosecution launched by her was only a step taken to bring them to the negotiating table as a legal strategy. 118. But, I am afraid that the entire reasoning given by the Arbitrator from paragraph 30 onwards is completely perverse and does not at all reflect the correct position in law. The first conclusion reached by the Arbitrator in paragraph 30 of the award that even if the natural right of an employee to a safe working environment is breached, the measure of damages cannot be more than a years salary, is certainly not in tune with the Public Policy in India. The fact that a sexually harassed woman employee, has a right, in addition to other rights, to walk out of the company on the ground of breach of contract, is not a ground to hold that the measure of damages cannot be more than that fixed for a breach.

Result 7
Madhya Pradesh High Court
Global Health Pvt. Ltd. vs District Panchayat
Honourable Judges Rohit Arya
Date of Judgment: 16 September 2019
Segment Number (Approximate Page Number): 9
   
   
   

Call out on 1.8.2019. Till then interim order to continue" 7. However, the hope expressed by this Court in the order dated 18/07/2019 (supra) in fact is watered down by inelastic and relentless conduct of the Hospital representative who stuck over the offer for Rs.5.00 laks as full and final settlement against the justifiable demand of complainant at least, 50% of the salary of eighteen months, she has been kept out of employment. This Court records displeasure and dissatisfaction. Now, under the circumstances, this Court proceeds to decide the lis on merits as the appellate forum is not in existence as reflected in the order dated 28/06/2019. 8. Heard. (A_) SEXUAL HARASSMENT AT WORKPLACE: 9. Before adverting to rival contentions, it is considered apposite to glance through the scope and dimensions of "sexual harassment at workplace" as perceived and crystalized in the shape of resolutions, sanctions and treaties at international platforms. 'Sexual harassment' is a cause of concern due to its universalization and outcome of unfavourable condition at workplace. It is one of the most venomous problems that the society is facing today. In the fast developing world, there is increased participation of women in almost each and every walk of life and the profession. The statistics reveal that there has been tremendous hike in sexual harassment cases all over the world. Sexual harassment at workplace is an unscrupulous behaviour of sexual instinct which is inhuman. Modesty, dignity, ability, self esteem and respect are invaded shattering confidence of women at workplace. Right to work with dignity and safeguard against the sexual harassment for women in fact is an essential component of the gender discrimination universally recognized basic human right. International community has expressed its serious concern about the challenge. The United Nations has also reaffirmed its faith in securing and preserving the equal human rights of men and women to have better standards of life with freedom and dignity.

Result 8
Delhi High Court
Dr. Punita K. Sodhi vs Union Of India And Ors.
Honourable Judges S. Muralidhar
Date of Judgment: 9 September 2010
Segment Number (Approximate Page Number): 30
   
   
   

1604.11 Sexual harassment. (a) Harassment on the basis of sex is a violation of section 703 of title VII. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. 72. Further, the Equal Employment Opportunity Commission in the U.S.A is to look into the facts of each case as a whole and in proper context to determine whether the act/s complained of amount to sexual harassment. "29 C.F.R. 1604.11 Sexual harassment. (b) In determining whether alleged conduct constitutes sexual harassment, the Commission will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis.€– 73. In Janzen v. Platy Enterpirses Ltd. [1989] 1 S.C.R. 1252, two waitresses at a restaurant had complained of sexual harassment and the Human Rights Commission as well as the Court of Queen's Bench in Manitoba, Canada had ruled in favour of the complainants. The Court of Appeal held that there was no discrimination on the basis of sex and that the employer could not be liable for the sexual harassment by its employee. The Supreme Court of Canada reversed the Court of Appeal. It noted that Section 19 of the Human Rights Code expressly prohibited sexual discrimination in the workplace.

Result 9
Rajasthan High Court - Jodhpur
Commissioner, K.V.S. New Delhi vs Vijay Bhatnagar & Anr
Honourable Judges Amitava Roy, P.K. Lohra
Date of Judgment: 21 November 2013
Segment Number (Approximate Page Number): 8
   
   
   

As at the relevant point of time there was no law governing the province, the Hon'ble Apex Court issued certain guidelines and norms and issued a mandamus that these guidelines are to be strictly observed for the preservation and enforcement of the right to gender equality of the working women. The case in hand was, in fact, dealt with by the petition- ers in adherence of the guidelines in Vishaka's case as at that point of time there was no law governing the said province. Now, after a lapse of almost thirteen years, a comprehensive legislation on the subject is enacted by the Parliament, namely, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. It is a bitter truth that social stigmatization, trau- matizing legal procedure, hostile attitude of public offi- cials, discouragement from families and friends, who want to protect the victim from the toll that fighting a case may impose a scar on victim lady, are some of the often compelling factors which are imposing silence around the crime. The ill-effects of such silence are ob- vious as such silence benefits the perpetrator of the crime. Sexual exploitation of woman has existed for ages and cuts across societies, rich and poor. It is only in recent times that modern States have started taking harassment at the workplace seriously, putting in place law that seeks to provide a safer work environment for a woman. In common parlance, we have been experienc- ing that when a woman complains of sexual harassment, the first thing most employers do is to try and settle the issue amicably by transferring out one of the employees, or getting the man to apologize. In most of the cases, it is obviously difficult for a woman to prove the charges, which is the reason many do not go to the police and feel satisfied with the decision of the internal committee. The pressure to furnish proof, the fear of the conse- quences of fighting a superior, pressure from colleagues to forgive, uncertainty over future prospects in the of- fice, possible impact of move on their career, and ad- verse publicity among colleagues are some of the rea- sons preventing a woman from making such complaints and many of them suffer such harassment with abject si- lence.

Result 10
Karnataka High Court
The Management Of Mersen India Pvt Ltd vs Sri C S Shivakumar
Honourable Judges Suraj Govindaraj
Date of Judgment: 17 August 2022
Segment Number (Approximate Page Number): 1
   
   
   

1. The petition is filed before this Court seeking for the following reliefs; i. To issue a writ in the nature of certiorari or any other appropriate writ or order quashing the order of the Second Additional Labour Court, Bangalore dated:01.06.2019 passed in Industrial Dispute No.4/2018 produced herein at Annexure -'J' ii. To direct the Respondents to pay the Petitioner Company the cost of this writ petition;" 2. When the respondent was on duty on 07.08.2017, it is alleged that the respondent had misbehaved with the female employee while traveling in the lift from the first floor to ground floor. In that regard, the female employee had lodged a complaint on 07.08.2017 for sexual harassment. In furtherance of the said complaint, Internal Complaints Committee (hereinafter referred to as 'ICC' for short) was constituted under the Sexual Harassment of Women at Workplace (Prevention and Prohibition and Redressal), Act, 2013, more particularly, in terms of Section 4 thereof. 3. The ICC has conducted an enquiry and examined the witnesses as also the CCTV footage from outside the lift area and gave the following recommendations; "1. The Committee recommends the Management to take appropriate action against the Complainant in terms of the Standing Orders of the Company for filing a false complaint of sexual harassment. 2. The Committee recommends that further investigation be conducted in respect of the consensual act in which the parties indulged while inside the lift, in terms of the standing orders of the Company. 3. The Committee further recommends that counselling be conducted for both the parties until such time that it may be needed keeping in order for them to return to work and perform diligently". 4. It is on the basis of the said recommendations, the petitioner -company issued show cause notices to the respondent as also to the female employee alleging that their conduct was subversive of discipline which is a misconduct of certified standing orders and had called upon the said persons to give a written reply, failing which, it would be presumed that there is no explanation offered by the said persons and further action would be taken in accordance with the provisions of the certified standing orders.

Result 11
Madras High Court
M/S.Ae & E Chennai Works (P) Ltd vs The Presiding Officer
Honourable Judges S.M.Subramaniam
Date of Judgment: 6 September 2019
Segment Number (Approximate Page Number): 20
   
   
   

The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer. 5. Disciplinary Action: Where such conduct amounts to mis-conduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules. 6. Complaint Mechanism: Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer's organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints. 7. Complaints Committee: The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, http://www.judis.nic.in including the maintenance of confidentiality. The Complaints Committee should be headed by a woman and not less than half of its member should be women. Further, to prevent the possibility of any under pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. The Complaints Committee must make an annual report to the government department concerned of the complaints and action taken by them. The employers and person in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department. 8. Workers' Initiative: Employees should be allowed to raise issues of sexual harassment at workers meeting and in other appropriate forum and it should be affirmatively discussed in Employer- Employee Meetings. 9. Awareness: Awareness of the rights of female employees in this regard should be created in particular by prominently http://www.judis.nic.in notifying the guidelines (and appropriate legislation when enacted on the subject) in suitable manner. 10. Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.

Result 12
Madras High Court
M/S.Ae & E Chennai Works (P) Ltd vs The Presiding Officer
Honourable Judges S.M.Subramaniam
Date of Judgment: 6 September 2019
Segment Number (Approximate Page Number): 19
   
   
   

The victims of sexual harassment should have the option to seek http://www.judis.nic.in transfer of the perpetrator or their own transfer. 5. Disciplinary Action: Where such conduct amounts to mis-conduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules. 6. Complaint Mechanism: Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer's organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints. 7. Complaints Committee: The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confidentiality. The Complaints Committee should be headed by a woman and not less than half of its member should be women. Further, to prevent the possibility of any under pressure http://www.judis.nic.in or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. The Complaints Committee must make an annual report to the government department concerned of the complaints and action taken by them. The employers and person in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department. 8. Workers' Initiative: Employees should be allowed to raise issues of sexual harassment at workers meeting and in other appropriate forum and it should be affirmatively discussed in Employer- Employee Meetings. 9. Awareness: Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in suitable manner. 10. Where sexual harassment occurs as a result of an act or omission by any third http://www.judis.nic.in party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.

Result 13
Madras High Court
Dr.S.Murugan vs The State Of Tamil Nadu
Honourable Judges S.M.Subramaniam
Date of Judgment: 14 February 2019
Segment Number (Approximate Page Number): 26
   
   
   

The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer. 5. Disciplinary Action: Where such conduct amounts to mis-conduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules. 6. Complaint Mechanism: Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer's organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints. http://www.judis.nic.in 7. Complaints Committee: The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counsellor or other support service, including the maintenance of confidentiality. The Complaints Committee should be headed by a woman and not less than half of its member should be women. Further, to prevent the possibility of any under pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. The Complaints Committee must make an annual report to the government department concerned of the complaints and action taken by them. The employers and person in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department. 8. Workers' Initiative: Employees should be allowed to raise issues of sexual harassment at workers meeting and in other appropriate forum and it should be affirmatively discussed in http://www.judis.nic.in Employer-Employee Meetings. 9. Awareness: Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in suitable manner. 10. Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.

Result 14
Delhi High Court
Sonali Badhe, A.L.A. Directorate Of ... vs Ashish Chandra Singh Dla, New Delhi & ...
Honourable Judges Hima Kohli, Rekha Palli
Date of Judgment: 15 December 2017
Segment Number (Approximate Page Number): 4
   
   
   

One is left wondering as to who else would be aggrieved if the employer fails to take any action against the wrong doer on receiving a complaint of sexual harassment, if not the female employee, or if the employer drags its feet on receiving such a complaint or acts in a casual and disinterested manner, thereby demoralizing the entire female force of employees, due to sheer lack of prompt and adequate action on its part. To that extent, a case based on a complaint of sexual harassment has a strong facet of public interest involved therein since an employer is legally bound to offer a safe and secure working environment to its female employees, in every respect and failure on its part to do so, would be violative of the fundamental rights of a female employee. 11. While passing the impugned order, the Tribunal seems to have overlooked a critical fact which is that the entire enquiry proceedings were set into motion against the respondent No.1 only on the petitioner submitting a complaint of sexual harassment against him to the employer, respondent No.2/Department. The Internal Complaints Committee established to examine a complaint of sexual harassment is deemed to be the Inquiring Authority appointed by the Disciplinary Authority within the meaning of Rule 14 of the CCS(CCA) Rules. In the present case, it was only on receiving the recommendations of the Inquiring Authority did the Disciplinary Authority impose a major penalty on the respondent No.1. Given the above facts and circumstances, there is no question of treating the petitioner as a trouble maker on a nosey parker, for declining her request to participate in the proceedings pending before the Tribunal. 12. On the contrary, we are of the opinion that it was incumbent for the respondent No.1 to have impleaded the petitioner as a co-respondent in the proceedings filed by him before the Tribunal as she has a direct and vital interest in the outcome of the said petition, in the capacity of a victim of sexual harassment at the workplace. She is therefore not only a proper party, but also a necessary party to the proceedings pending before the Tribunal. 13. In view of the discussion above, this court is firmly of the view that the petitioner has the locus standi to file an application for impleadment in the O.A. filed by the respondent No.1 before the Tribunal.

Result 15
Delhi High Court
Samridhi Devi vs Union Of India (Uoi) And Ors.
Honourable Judges S. Ravindra Bhat
Date of Judgment: 7 November 2005
Segment Number (Approximate Page Number): 10
   
   
   

The concept is much wider and it takes in its stride anyone who is not a mere "busybody"." 24. In the present case, the petitioner cannot be termed as a "busybody". Although in all other circumstances, a co-employee, at whose instance disciplinary action might be initiated, would not have locus standi to question the employer's decision, action or inaction, nevertheless, in the case of sexual harassment complaints, by their very nature, and the public interest element involved, the employer is under a duty to ensure that the workplace is kept safe, and free from sexual harassment. If action is not taken, or taken belatedly, or taken in a casual or inappropriate manner, the confidence and morale of female employees, as a class would be undermined. The sufficiency, promptitude and appropriateness of the employer's response would be a matter of concern not only to the complainant/ victim, but also to the whole class of female employees. The Vishaka mandated edifice was meant to address these issues. Page 1965 25. In the United States of America, courts, in certain states (notably California) have ruled that even if a claimant/plaintiff has not herself been subjected to sexual harassment at the workplace, yet, action can be maintained by her to enjoin the employer, to create a workplace free from hostility, and ensure protection from sexual harassment or abuse (Fisher v. San Pedro Peninsula Hospital 1989 [214] Cal. App. 3d 590; Mogilefsly v. Superior Court 1993 [20] Cal. App. 4th 1409). Such proceedings are termed "bystander" actions. 26. In the light of the above reasoning, I am of the opinion that the petitioner has locus standi to file, and prosecute the present writ petition. I am also satisfied, on an examination of the records, and after considering the statement of the petitioner, recorded by the court, that these proceedings have been initiated and continued by the petitioner herself. The exoneration of another employee, relied upon by the fourth respondent, of certain charges, cannot be a determinative factor to decline examination of the issues and grievances raised by the Petitioner. Proportionality 27. The petitioner's claim is mainly premised on the argument that the impugned order is arbitrary, as it is not proportionate to the misconduct of the fourth respondent.

Result 16
Madras High Court
The Management Of Tata Tea Ltd vs The Presiding Officer
Honourable Judges K. Chandru
Date of Judgment: 6 March 2009
Segment Number (Approximate Page Number): 5
   
   
   

19. The Supreme Court has also held that as to what amount to a 'sexual harassment' and also the duty of the employer to prevent such sexual harassment of women in work places was set out in the guidelines in paragraphs 1 and 2 and in paragraph 3, the preventive steps to be taken by the employer have been given, they read as follows: "1. Duty of the employer or other responsible persons in work place and other institutions: It shall be the duty of the employer or other responsible persons in work places or institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required. 2. Definition: For this purpose, sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as: a) physical contact and advances b) a demand or request for sexual favours; c) sexually coloured remarks; d) showing pornography; e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature. 3. Preventive steps: All employers or persons in charge of work placed whether in the public or private sector should take appropriate steps to prevent sexual harassment." 20. In the present case, the complaint made against the second respondent was a clear case of sexual harassment at the work place, given by a workman against her superior and the petitioner management has rightly taken appropriate action. When the complainant herself came forward to give evidence and whose evidence could not be impeached in cross-examination, which was supported by other witnesses, who came to know about the incident as well as the management's preliminary enquiry can be a sufficient evidence to hold the second respondent guilty of misconduct. Instead of dealing with the matter as enjoined by the Supreme Court, the Labour Court had gone on a tangent and had come to a wrong conclusion in its award. 21. In the light of the above, the impugned award deserves to be set aside and the Writ Petition has to be allowed. Accordingly the Writ Petition stands allowed. However, there will be no order as to costs.

Result 17
Bombay High Court
Renuka Mukherjee vs Vodafone Essar Ltd & Ors
Honourable Judges A.A. Sayed, M.S.Karnik
Date of Judgment: 13 October 2017
Segment Number (Approximate Page Number): 12
   
   
   

Due to passage wp-1348-01. doc of time and because of the conduct of the Petitioner in not pursuing her Complaint before the Labour Court no reliefs can now to be granted to her. (xi) The allegations made were serious and amounted to outraging the modesty of a women and even after her dismissal, the Petitioner has not chosen to file any criminal complaint which was always open to her. (xii) There was never a demand made to the Respondent No.1 Company for formation of the Complaints Committee. Learned Counsel for the Respondent No.1 Company in support of the contentions placed reliance on the following judgments: i) Seema Lepcha vs. State of Sikkim & Ors., 2012 LawSuit (SC) 376; ii) Medha Kotwal Lele & Ors. vs. Union of India & Ors., 2012 LawSuit (SC) 720. 7. Learned Senior Counsel for the Respondent No.2 took us through the Affidavit-in-Reply of Respondent No.2 and made the following submissions: (i) No fundamental rights of the Petitioner were violated as alleged by her. (ii) The first complaint of sexual harassment alleged to have been made by the Petitioner was on 30 November 1998 (Exhibit H) and she was wp-1348-01. doc terminated after about two years on 1 August 2000. This shows that there was no victimization as sought to be alleged. (iii) Even assuming that there was no Complaints Committee, no prejudice can be said to have been caused to the Petitioner as there was never any complaint by the Petitioner during her employment period. (iv) It was more of a revenge story by the Petitioner as she was disgruntled because of her termination and she wanted to target senior officers of the Respondent No. 1. There are no dates or places or particulars of the alleged incidents of sexual harassment mentioned against the Respondent No.2. The Petitioner never approached the Respondent No.1 or sought appointment of any Complaints Committee during her employment, and it was only after termination and by way of afterthought, the Petitioner has sought to level all types of false, baseless and defamatory allegations. (v) No complaint was made much less about constitution of a Complaints Committee and therefore there was no occasion to investigate any Complaint. The Petitioner had filed a Complaint (ULP) No. 93 of 2000 before the Labour Court under the provisions of MRTU and PULP Act and in particular Schedule IV, item 1, (a), (b), (c) and (f).

Result 18
Kerala High Court
Dr.Prasad Pannian vs The Central University Of Kerala
Honourable Judges A.M.Shaffique, P Gopinath
Date of Judgment: 2 December 2020
Segment Number (Approximate Page Number): 5
   
   
   

He also placed reliance on the judgment of the Apex Court in Nisha Priya Bhatia v. Union of India and Others [2020 (3) SCT 455 (SC)] wherein the Apex Court considered the question relating to sexual harassment in workplace and held at paragraph 102 as under:- "102. The scheme of the 2013 Act, Vishaka Guidelines and Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) predicates that a non-hostile working environment is the basic limb of a dignified employment. The approach of law as regards the cases of sexual harassment at workplace is not confined to cases of actual commission of acts of harassment, but also covers situations wherein the woman employee is subjected to prejudice, hostility, discriminatory attitude and humiliation in WP(C) Nos.9219 & 10370/2020 day to day functioning at the workplace. Taking any other view would defeat the purpose of the law. A priori, when inaction or procrastination (intentionally or otherwise) is meted out in response to the attempt of setting the legal machinery in motion, what is put to peril is not just the individual cries for the assistance of law but also the foundational tenets of a society governed by the Rule of law, thereby threatening the larger public interests. The denial of timely inquiry and by a competent forum, inevitably results in denial of justice and violation of fundamental right. The factual matrix of the present case is replete with lack of sensitivity on the part of Secretary (R) qua the complaint of sexual harassment. To wit, time taken to process the stated complaint and improper constitution of the first Complaints Committee (intended or unintended) in violation of the Vishaka Guidelines, constitute an appalling conglomeration of undignified treatment and violation of the fundamental rights of the Petitioner, more particularly Articles 14 and 21 of the Constitution." 5. We heard the learned counsel Smt.Rekha Vasudevan appearing on behalf of the 8th respondent. Learned counsel submits that sexual harassment can take different forms. First of all, definition of sexual harassment in the 2013 Act itself is not exhaustive, whereas it is inclusive in nature. Therefore, any form of sexual intimidation or discrimination or behaviour which tends to attract harassment only on account of difference in sex can WP(C) Nos.9219 & 10370/2020 also be characterized as sexual harassment.

Result 19
Delhi High Court
Dr. Punita K. Sodhi vs Union Of India And Ors.
Honourable Judges S. Muralidhar
Date of Judgment: 9 September 2010
Segment Number (Approximate Page Number): 33
   
   
   

By requiring an employee to contend with unwelcome sexual actions or explicit sexual demands, sexual harassment in the workplace attacks the dignity and self-respect of the victim both as an employee and as a human being.€– (emphasis supplied) 76. In Ellison v. Brady [U.S. Court of Appeals, Ninth Circuit 924 F. 2d 872 (1991)], the Court of Appeals formulated the €—reasonable woman' standard and observed: €•We believe that in evaluating the severity and pervasiveness of sexual harassment, we should focus on the perspective of the victim. Courts "should consider the victim's perspective and not stereotyped notions of acceptable behavior." If we only examined whether a reasonable person would engage in allegedly harassing conduct, we would run the risk of reinforcing the prevailing level of discrimination. Harassers could continue to harass merely because a particular discriminatory practice was common, and victims of harassment would have no remedy. We therefore prefer to analyze harassment from the victim's perspective. A complete understanding of the victim's view requires, among other things, an analysis of the different perspectives of men and women. Conduct that many men consider unobjectionable may offend many women. A male supervisor might believe, for example, that it is legitimate for him to tell a female subordinate that she has a `great figure' or `nice legs.' The female subordinate, however, may find such comments offensive. Men tend to view some forms of sexual harassment as "harmless social interactions to which only overly-sensitive women would object". The characteristically male view depicts sexual harassment as comparatively harmless amusement. We realize that there is a broad range of viewpoints among women as a group, but we believe that many women share common concerns which men do not necessarily share. For example, because women are disproportionately victims of rape and sexual assault, women have a stronger incentive to be concerned with sexual behavior. Women who are victims of mild forms of sexual harassment may understandably worry whether a harasser's conduct is merely a prelude to violent sexual assault.

Result 20
Delhi High Court
Dr. Punita K. Sodhi vs Union Of India & Ors.
Honourable Judges S. Muralidhar
Date of Judgment: 9 September 2010
Segment Number (Approximate Page Number): 33
   
   
   

By requiring an employee to contend with unwelcome sexual actions or explicit sexual demands, sexual harassment in the workplace attacks the dignity and self-respect of the victim both as an employee and as a human being.€– (emphasis supplied) 76. In Ellison v. Brady [U.S. Court of Appeals, Ninth Circuit 924 F. 2d 872 (1991)], the Court of Appeals formulated the €—reasonable woman' standard and observed: €•We believe that in evaluating the severity and pervasiveness of sexual harassment, we should focus on the perspective of the victim. Courts "should consider the victim's perspective and not stereotyped notions of acceptable behavior." If we only examined whether a reasonable person would engage in allegedly harassing conduct, we would run the risk of reinforcing the prevailing level of discrimination. Harassers could continue to harass merely because a particular discriminatory practice was common, and victims of harassment would have no remedy. We therefore prefer to analyze harassment from the victim's perspective. A complete understanding of the victim's view requires, among other things, an analysis of the different perspectives of men and women. Conduct that many men consider unobjectionable may offend many women. A male supervisor might believe, for example, that it is legitimate for him to tell a female subordinate that she has a `great figure' or `nice legs.' The female subordinate, however, may find such comments offensive. Men tend to view some forms of sexual harassment as "harmless social interactions to which only overly-sensitive women would object". The characteristically male view depicts sexual harassment as comparatively harmless amusement. We realize that there is a broad range of viewpoints among women as a group, but we believe that many women share common concerns which men do not necessarily share. For example, because women are disproportionately victims of rape and sexual assault, women have a stronger incentive to be concerned with sexual behavior. Women who are victims of mild forms of sexual harassment may understandably worry whether a harasser's conduct is merely a prelude to violent sexual assault.

Result 21
Allahabad High Court
Vashudha Khanna vs State Government Of U.P.
Honourable Judges Anjani Kumar Mishra, Deepak Verma
Date of Judgment: 12 July 2022
Segment Number (Approximate Page Number): 4
   
   
   

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 describes an aggrieved women as follows:- "(i) in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent; (ii) in relation to dwelling place or house, a woman of any age who is employed in such a dwelling place or house;" Section 3 of the said Act reads as follows:- "3. Prevention of sexual harassment.?(1) No woman shall be subjected to sexual harassment at any workplace. (2) The following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:? (i) implied or explicit promise of preferential treatment in her employment; or (ii) implied or explicit threat of detrimental treatment in her employment ; or (iii) implied or explicit threat about her present or future employment status; or (iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or (v) humiliating treatment likely to affect her health or safety." The above provision namely Section 3 clearly provides that interference with the work of a women or actions, which create an intimidating, offensive or hostile work environment, in relation to or connected with in act or behavior of sexual harassment, is not permissible. Section 4 provides for Constitution of Internal Complaints Committee by every employer and the constitution of such Committee. Apart from the above Internal Complaints Committee, the Act also provides for Constitution of a Local Committee to receive complaints of sexual harassment relating to establishments which do not have an Internal Committee. An aggrieved women is entitled to make a complaint regarding sexual harassment to the Internal Committee or to the Local Committee where an Internal Committee does not exist as provided under Section 9 of the Act. It would be relevant at this stage to categorically observe that the petitioner has not raised allegations of sexual harassment. This has also be specifically submitted by her, during the course of arguments.

Result 22
Tripura High Court
Smt. Rekha Das vs The Union Of India And Ors
Honourable Judges Akil Kureshi, S G Chattopadhyay
Date of Judgment: 7 September 2021
Segment Number (Approximate Page Number): 11
   
   
   

If prima facie case is found, the same would be forwarded to the police for registration of a case under Section 509 of IPC. During the pendency of the inquiry into the complaint, the complainant may make a request for being transferred or being granted leave or may be granted such some other relief as may be prescribed. Even upon the conclusion of the inquiry which results into a finding that the allegations are correct, punishment of imposition of penalty on the respondent as per the service rules is not the only consequence. The employer may deduct from the salary or wages of the respondent appropriate sum so as to pay the same to the aggrieved woman which sum would be determined in terms of Section 15 taking into account various factors such as the mental trauma, pain and suffering that has been caused to her, the loss in carrier opportunity due to the incident of sexual harassment and so on. [22] Recovery of amount to be paid to an aggrieved woman from the salary and emoluments of an employee is not part of the normal penal mechanism in service jurisprudence. It is a special provision enacted under the Act of 2013 for giving swift relief to a woman who has been harassed at the workplace and her allegations of harassment have been found to be true and which may have resulted into mental trauma, pain or suffering including emotional distress, loss of carrier opportunity or resulted into medical Page - 18 of 22 expenditure etc. In short, what we are trying to project is that lodging of a complaint for sexual harassment does not have sole correlation with the service conditions of the respondent. It has many other repercussions and consequences, imposition of departmental punishment being just one of them. [23] Viewed from this angle, the disputes pertaining to a complaint of sexual harassment made by a women at the workplace, cannot be included within the definition of €•service matter€– as defined in Section 3(q) of the Act of 1985. It may have indirect consequences on the respondent in relation to his service conditions, but the same is a matter of different consideration. Learned senior counsel Mr. Deb rightly pointed out that the term €•service matters€– has a special connotation.

Result 23
Gujarat High Court
Vimalkant Bhanuprasad Shrimali vs Idmc Limited
Honourable Judges Biren Vaishnav
Date of Judgment: 19 April 2022
Segment Number (Approximate Page Number): 9
   
   
   

It will be in the fitness of things to consider the provisions of the Sexual Harassment of women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Section 2 of the Act defines term "aggrieved woman" in sub Clause (a) of the Act which reads as under: "(a) Aggrieved woman means: (i) in relation to a workplace, a woman, of any age whether employed or not, who alleges to have been subjected to any act of sexual harassment by the respondent; (ii) in relation to dwelling place or house, a woman of any age who is employed in such a dwelling place or house;" "Sexual Harassment" is defined in Sub Clause (n) which indicates that the same would include one or more of the following unwelcome acts or behaviors (whether directly of by implication) namely: - C/SCA/16219/2020 CAV JUDGMENT DATED: 19/04/2022 (i) Physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature; Section 3 shall provide that no woman shall be subjected to sexual harassment at any workplace which reads as under: Section 3 - Prevention of Sexual harassment: (1) No woman shall be subjected to sexual harassment at any workplace. (2) The following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment: - (i) implied or explicit promise of preferential treatment in her employment; or (ii) implied or explicit threat of detrimental treatment in her employment; or (iii) implied or explicit threat about her present or future employment status; or (iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or C/SCA/16219/2020 CAV JUDGMENT DATED: 19/04/2022 (v) humiliating treatment likely to affect her health or safety.

Result 24
Madras High Court
Union Of India vs Smt.Rema Srinivasan Iyengar
Honourable Judges M.Sathyanarayanan, R.Hemalatha
Date of Judgment: 2 January 2019
Segment Number (Approximate Page Number): 7
   
   
   

Sub-clause (2) of Section 3 of the Act provides that no woman shall be subjected to sexual harassment at any workplace - (i) implied or explicit promise of preferential treatment in her employment; or (ii) implied or explicit threat of detrimental treatment in her employment; or (iii) implied or explicit threat about her present or future employment status; (iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or (v) humiliating treatment likely to affect her health or safety. Therefore, a solitary allegation of intemperate language against a female employee does not constitute an offence under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Intemperate language used by the petitioner was the essence of the first complaint other than the bias and favouritism he (the petitioner) allegedly exhibited. The constitution of an Internal Committee for enquiry into sexual harassment allegations was not warranted in the instant case. However, having formed the Committee, the defiant attitude of the complainant in not attending the Internal Committee hearing and the metamorphosis of the original complaint into a sexual harassment one before the Local Committee expose the real intentions of the complainant. The complainant was well aware of the Internal Committee and ought to have faced it, had her http://www.judis.nic.in WP.Nos.10689, 24290 and 4339 of 2019 complaint been true. Instead, approaching the Tamil Nadu State Commission for Women and giving a different picture there, are all perplexing. Thus, the decision of the Internal Committee in not taking cognizance of the Local Committee order, was reasonable. The Central Administrative Tribunal, Madras Bench had erred in concluding that the petitioner was the employer and therefore, the Internal Committee would not have any relevance. In the instant case, the Local Committee gave an erroneous decision with a non speaking order which is also exparte. The complainant, it appears, made a futile attempt to settle her personal score with the petitioner. 6. Every office has to maintain a certain decorum and women employees cannot be allowed to go scot free without completing their assignments. The Administrative Head or the Chief has every right to extract work and he or she has his or her own discretion and prerogatives.

Result 25
Delhi High Court
Samridhi Devi vs Union Of India (Uoi) And Ors.
Honourable Judges S. Ravindra Bhat
Date of Judgment: 7 November 2005
Segment Number (Approximate Page Number): 13
   
   
   

The elaborate guidelines, evolved and put in place were a sequel to the court's declaration of law that such gender based unacceptable behavior had to be outlawed, and were contrary to Articles 15(1) and 21 of the Constitution of India. The declaration took note of provisions of the Convention on the Elimination of All Forms of Page 1967 Discrimination Against Women, adopted by the General Assembly of the United Nations, in 1979. The Committee on the Elimination of Discrimination against Women (CEDAW), set up under the Convention, adopted in January 1992 General Recommendation No. 19 on violence against women. Paras 17 and 18 recognized the ill effects of sexual harassment at the workplace, and subsequently provided for measures, to be taken by respective states for elimination of such practices. Such practices have to be outlawed not only because they result in gender discrimination, but also since they create a hostile work environment, which undermines the dignity, self-esteem and confidence of the female employees, and tends to alienate them. The aim of the Supreme Court, while evolving the guidelines in Vishaka was to ensure a fair, secure and comfortable work environment, and completely eliminate situations, or possibilities where the protector could abuse his trust, and turn predator. 33. In the United states of America, Congress had enacted Section 703, Title VI of the Civil Rights Act, 1964, to address the issue of sexual harassment at the workplace; one of the first cases to be decided by the US Supreme Court, was in the year 1986, i.e Meritor v. Vinison 1986 (477) US 57. Australia has enacted the Sex Discrimination Act 1984; the United Kingdom enacted the Sex Discrimination Act, 1975, and also framed the Sexual Discrimination and Employment Protection (Remedies) Regulations, 1993. All these measures are functional, and there is considerable body of case-law on various nuances of the issues. 34. The courts, specially in the United States, have been willing to intervene on a range of issues and complaints, including inadequate response or action by the employer, resulting in liability. Thus, it has been ruled in some decisions (Ref Ellison v. Brady 924 F. 2d 872 [1991], Fuller v. City of Oakland 47 F.3d. 1522 [1995] and Yamaguchi v. Widnall 109 F.3d.

Result 26
Bombay High Court
Sapana Korde Nee Ketaki A Ghodinde vs The State Of Maharashtra And Anr
Honourable Judges A.M.Badar
Date of Judgment: 9 January 2019
Segment Number (Approximate Page Number): 9
   
   
   

Section 2(n) of the Prevention of Sexual Harassment of Women Act defines the term 'sexual harassment of women' as follows : "2(n) "Sexual harassment" includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely- (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal or non verbal conduct of sexual nature: " 19 Section 3 of the said Act deals with "sexual harassment of women at the work place". As per provisions of Sub-Section (2) of Section 3 of this Act, the following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment :- Those are : (3)APEALNo.9652017(J).doc (i) implied or explicit promise of preferential treatment in her employment; or (ii) implied or explicit threat of detrimental treatment in her employment; or (iii) implied or explicit threat about her present or future employment status; or (iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or (v) humiliating treatment likely to affect her health or safety. 20 Thus, Sub-Section (2) of Section 3 points out the circumstances which may amount to sexual harassment and the circumstances mentioned in Sub-Section (2) of Section 3 are not exhaustive, but are inclusive. It is thus clear that implied or explicit threat of detrimental treatment in her employment amounts to sexual harassment of woman at the workplace. Interference with her work or creating an intimidating or offensive or hostile work environment for a woman at her workplace also amounts to sexual harassment of woman at workplace. Giving a humiliating treatment likely to affect health or safety of a woman at her workplace also amounts to sexual harassment of woman at (3)APEALNo.9652017(J).doc workplace. The complaint dated 06/05/2017 of appellant/accused Sapana Korde ought to have been considered by keeping in mind these circumstances. 21 On this backdrop, in her complaint dated 06/05/2017, appellant/accused Sapana Korde has categorically mentioned about improper behaviour and abusive language used by the First Informant/respondent No.2 Bhaskar Gaikwad to her.

Result 27
Madras High Court
Dr.Mrs.R.Sethulatha vs The Secretary
Honourable Judges S.M.Subramaniam
Date of Judgment: 25 July 2017
Segment Number (Approximate Page Number): 13
   
   
   

Further, to prevent the possibility of any under pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. The Complaints Committee must make an annual report to the government department concerned of the complaints and action taken by them. The employers and person in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department. 8. Workers' Initiative: Employees should be allowed to raise issues of sexual harassment at workers meeting and in other appropriate forum and it should be affirmatively discussed in Employer-Employee Meetings. 9. Awareness: Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in suitable manner. 10. Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action. 11. The Central/State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector. 12. These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993. 26. Thus, all the aspects in this regard is unambiguously provided in the Act itself. Such being the provisions enacted for the welfare and protection of women at workplace, it is the duty of the employer to see that such an environment is created for the purpose of creating the society in which women can work in peace and put their efforts for the development of our great nation and contribute their services. 27. When this Court raised concern to the learned counsel appearing for the respondent, the Government Pleader was fair enough to take up the issues to the employer and the Principal also fair enough to agree with the suggestions given by this Court as well as by the Government Pleader in this regard.

Result 28
Kerala High Court
Csb Bank Limited vs Kerala State Human Rights Commission
Honourable Judges S.Manikumar, Shaji P.Chaly
Date of Judgment: 31 August 2022
Segment Number (Approximate Page Number): 2
   
   
   

This Act was enacted to provide protection against sexual harassment of women at work place and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto. It is also added in said Act that, sexual harassment in violation of the fundamental rights of a women to equality under article 14 and 15 of the Constitution and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, or trade or business with includes a right to safe-environment from sexual harassment. The protection against sexual harassment and the right to work with dignity are universally recognized human rights by international convention and instruments such as Convention on the Elimination of all Forms of Discrimination against Women, which has been ratified on the 25 th June 1993 by the Government of India. The POSH Act 2013 is made with the provisions for giving effect to the said convention for protection of women against sexual harassment at workplace. Hence this subject matter is purely under the purview of this Commission. On perusal of the report submitted by the respondent, it is seen that, nothing has done on the part of the bank to secure even a safe environment for the petitioner for her employment security. Unfortunately it is noted that, the petitioner had sought all possible remedies such as filing of complaint before the Thrissur Town East Police and deposed her statement nothing has been done on the part of the bank to secure even a safe u/s 164 of CrPC before the Hon'ble JFCM-II, Thrissur but no progress has been made in the investigation so far. Moreover, she was put in a dilemma to rejoin her duty without ensuring a conducive atmosphere of safe employment. Hence she seeks the intervention of this Commission and requested for initiating appropriate WP(C) NO. 25628 OF 2022 :: 4 :: action to render justice to her. The petitioner was attended the Camp Sitting of Commission held at Thrissur on 26-7-2022 and narrated her sorry state of affairs before this Commission.

Result 29
Tripura High Court
Smt. Rekha Das vs The Union Of India And Ors
Honourable Judges Akil Kureshi, S G Chattopadhyay
Date of Judgment: 7 September 2021
Segment Number (Approximate Page Number): 7
   
   
   

Term €•sexual harassment€– has been defined in Section 2(n) Page - 11 of 22 which would include any one or more unwelcome acts or behaviour enumerated in sub-clauses (i) to (v) thereof such as physical contact and advances, demand or request for sexual favours, making sexually coloured remarks etc. The term €•workplace€– has been defined in Section 2(o) which includes any department, organisation, undertaking, establishment etc. owned, controlled or substantially financed by the appropriate Government. [13] Section 4 of the Act of 2013 pertains to constitution of Internal Complaints Committee. Under sub-section (1) of Section 4, every employer of a workplace is required to constitute a Committee called Internal Complaints Committee. Sub-section (2) of Section 4 prescribes the members who would form such a Committee. [14] Chapter IV of the Act of 2013 pertains to complaint. Under sub- section (1) of Section 9 contained in the said chapter, any aggrieved woman can make a complaint in writing of sexual harassment at workplace with the ICC. Sub-section (2) of Section 9 provides that where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such person as may be prescribed may make such a complaint. Upon receipt of such a complaint, the ICC would conduct an inquiry as provided under sub-section (1) of Section 11 which would be in accordance with the provisions of the service Page - 12 of 22 rules applicable to the respondent and if prima facie case exists, forward the complaint to the police for registering the case under Section 509 of the Indian Penal Code and any other relevant provisions of the Code where applicable. Second proviso to sub-section (1) of section 11 provides that where both the parties are employees they shall be given an opportunity of being heard during the course of the inquiry and a copy of the findings shall be made available to both of them enabling them to make representation against the findings of the Committee.

Result 30
Madras High Court
Union Of India vs Smt.Rema Srinivasan Iyengar
Honourable Judges M.Sathyanarayanan, R.Hemalatha
Date of Judgment: 2 January 2019
Segment Number (Approximate Page Number): 6
   
   
   

Section 14 of the Sexual http://www.judis.nic.in WP.Nos.10689, 24290 and 4339 of 2019 Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, provides for penalising the complainant if the complaint is found to be false with malicious intent. Section 14 of the Act of was to check false complaint. At the same time, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 also brought in two provisions in order not to deter women from filing complaints. One was that their inability to prove a complaint will not render it false. Secondly, the malicious intent has to be specifically established before disciplinary action is recommended against the complainant. 5. The findings of the Local Committee in the light of the above provisions becomes invalid. The contention of the complainant that she approached the Local Committee only because the complaint was against her employer is an after thought. This was accepted by the Central Administrative Tribunal, Madras Bench. When the formation of the Internal Committee itself is not decided by the petitioner, terming him as the employer does not have any logic. In the first place, there was no need for an Internal Committee to redress the first complaint dated 02.12.2013. Having set one, it is clear that the petitioner was not the employer. The complainant's complaint dated 17.02.2016 before the Local Committee smacks of tutoring. This letter fits into the definition of sexual harassment complaint and contains all ingredients to make out an offence under http://www.judis.nic.in WP.Nos.10689, 24290 and 4339 of 2019 the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. However, it lacks details of the alleged incidents. This complaint like the earlier complaints is too generic. This also appears to be an after thought.


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