Important for courts to uphold spirit of right against sexual harassment: SC

The Supreme Court on Saturday observed that it is important for the courts to protect people's rights against sexual harassment and not invalidate the proceedings on "hyper-technical interpretations" of the service rules. The court said that it's a rising trend to do so.

New Delhi: Setting aside a Calcutta High Court order which quashed proceedings against a BSF head constable for sexual harassment, the Supreme Court observed that it is important for the courts to protect people's rights against sexual harassment and not invalidate the proceedings on "hyper-technical interpretations" of the service rules. The court said that it's a rising trend to do so.

The bench comprising Justice DY Chandrachud and Justice AS Bopanna was hearing the plea of Border Security Force(BSF) challenging the 2018 Calcutta HC order which had quashed the proceedings against a senior constable for sexually assaulting a junior constable while on duty. The HC had quashed the plea on the ground that the commandant had no jurisdiction to call for the additional record of evidence and obligation of the Summary Security Force (SSFC) to furnish reasons under the BSF Act,1968.

"It is 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," said the court.

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"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 organisations 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 mechanism turns the process into a punishment," observed the court.

"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," observed the court.

The case is finally settled after 15 years.

The incident dates back to 2006. The complainant constable was on his Naka duty at night when the senior constable sexually assaulted him. The senior constable was held guilty and was demoted. But later on, on his appeal, his rank was restored with forfeiture of five years of service for promotion and seven years of service for pension.