A recent judgement of the Delhi High Court
comes as a major landmark in India in validating the order of termination of
the employee’s services on the basis of the Internal Complaints Committee (ICC)
of a company, upholding charges of Sexual Harassment by a junior female staff
complaining of Sexual Harassment by him. The High Court rejected the male
supervisor’s Petition challenging the findings and conclusions of the ICC.
Among the various reasons recorded in the order, the Court ruled that once it
is satisfied that the ICC’s decision is based on clear evidence, there was no
violation of principles of natural justice, and there was no perversity in the
findings of the report of the ICC, the Court would not interfere with the
decision in writ proceedings. The Court’s decision will provide confidence to
employers and ICC members that it is perfectly reasonable for employers to even
terminate the employment of a male employee who is found guilty of charges of
Sexual Harassment, and female employees would draw encouragement from the
ruling that the law against Sexual Harassment shall be strictly enforced by the
judiciary.
The facts as reported in the judgement are
that the senior had forced her to accompany him on an outstation visit and stay
in a hotel with him and even stay a night with him. Evidence recorded also
proved that he was in the habit of arranging trips with other female staff. The
Court overruled the objection that there was delay of two months in filing the
complaint, also held that the complainant being junior had no option but to
comply, and the employee had abused his position, and that even compelling her
to come to his room at night and making offensive remarks, blowing cigarette
smoke, were all acts of sexual harassment under the Act. Conduct of the
superior would amount to offence of sexual harassment under the Sexual
Harassment of Women at Workplace Act, 2013, if evidence proves that the
petitioner pressurised the complainant to come over to his room at night in the
hotel, used sexually tainted threats to the complainant, such as “do you know
that is ‘Shoshan’(Exploitation), this is ‘shoshan’ “why did you ask for food
from my bloody juniors?”, forcing option of spending night in his room etc.
Further, it is noteworthy that sexual
harassment charges were also upheld against other male colleagues for their
gender insensitive conduct towards a female colleague during outstation travel
by inviting her to a hotel room at night and drinking & smoking by 4 male
members in front of a female colleague till the midnight. ICC also recommended
counselling them on gender insensitivity.
By this ruling the Court has unambiguously
signalled that the ambit of the definition of sexual harassment in the Indian
law is wide enough to cover all manner of gender insensitive conduct, and must
compel male colleagues to seriously ponder the limits of permissible conduct in
dealing with their female colleagues at the workplace. Is the law compelling
puritanical restraint on male conduct or is such interpretation of misconduct
necessary to bring in reform in male attitudes.
Article By: Sunil Kumar –Partner,EmploymentLawyer Delhi
Email: sunil@singhania.in
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