SC declines plea seeking direction to protect complainants, witnesses of sexual harassment at workplaces

The apex court said that in an order passed in January 2020, the court had declined to interfere with the Delhi High Court dismissing a Public Interest Litigation (PIL) for the same prayer.

New Delhi: The Supreme Court (SC) on Friday declined to entertain a plea seeking a direction to protect the complainants and also the witnesses in matters of sexual harassment at workplaces.

A bench headed by Chief Justice of India D Y Chandrachud and comprising Justice P S Narasimha said in 2020, this court had declined to entertain a similar prayer and asked the petitioner’s counsel to cite examples before it regarding the directions sought in the plea. The present plea contended that the complainants and the witnesses in sexual harassment cases are often vulnerable to either retaliation by the accused persons or the organizations involved in the matter, and also face victimisation.

After hearing submissions from a counsel, representing Sunita Thawani, the apex court said that in an order passed in January 2020, the court had declined to interfere with the Delhi High Court dismissing a Public Interest Litigation (PIL) for the same prayer. The top court was informed that the petitioner had made a representation to the authorities concerned with a reminder.

However, the top court said, “We leave it open to the petitioner to approach the authorities with a representation so that a decision can be taken if the grievance needs to be looked into”. Thawani’s plea sought direction for protection of witnesses and complainants in cases of sexual harassment at the workplace.