JUDICIAL PONOUNCEMENT AGAINST SEXUAL HARASSEMENT AT
WORKPLACE(CHAPTER-4)
written by Shalini Bishi
INTRODUCTION
The history of mankind is the witness of the repeated injury by the men towards women, whether
it may be at the domestic level or in other institutions. It can only be considered that all men and
women are equal, they endowed certain inalienable rights by the creator. They enjoyed the right
to life, liberty and pursuit of happiness for the sake of self-confidence.
The criminal justice system is the main key to address the violence against women, but many
times, it fails to uphold women‟s right. The working group must be contributing for the speedy
and efficient implementation of legislation against sexual offences. It has been observed that
social problems have been addressed by criminalizing the conduct, in spite of solving the
problem without any criminal sanction.
Though many laws were made to prevent the sexual violence against women, but it is very
painful to state that such problems still exist all over the world. It affects all women which is a
big problem in the corporate sector as well as educational institutions. Nowadays even men are
facing such problems at the workplace. There need to do much for the eradication of sexual
exploitation/harassment at workplace and also to discover the actual causes of the problem and
solution for the same.Democracy and judiciary cannot exist without the support of each other, or
we can say that democracy starts from justice and it is the duty of independent judiciary to
provide justice.
only today, from the history of mankind it is recorded that judiciary is the final destination
against what is unjust, arbitrariness, and immoral act. The constitution of India focused on socio-
economic welfare of its citizens in a wider range. The father of Indian constitution believed in
common men welfare and it mentioned in the preamble of the constitution about social,
economic and political security to all the citizens of India, liberty in thoughts, equality between
men and women and dignity to the citizens of India. The preamble of the Indian Constitution.
clears the thoughts of the makers about the democracy of the country where every citizen of
India enjoys equality in each and every sphere of life. There is no scope for any kind of
discrimination.Judiciary should play a dynamic task in protection of the principles of „welfare
state‟
and the judgements should be society oriented and based on judicial activism. The constitution of
India also provides power to the Supreme Court in the matter of interpretation of fundamental
rights. Justice means that people behave in a way that is fair, equal and balancing of interest.
We can say that mostly men and women, especially women are not aware of their rights which
are provided by the constitution of India itself or by various other laws. Even if they are made
aware of their rights, they do not have that much courage and economic resources to obtain and
enjoy their rights.The Judiciary has always evolved new approaches to deliver justice to the
underprivileged and impoverished section of the society who countenance the sexual violence in
silence. The judiciary put many ways and sets new dimensions to deliver justice.
one is above the law. In the eyes of the judiciary, to get justice everyone is equal.
There is no hierarchical system to get justice.
Role of Indian Judiciary
Pre-Vishaka Judgements
Many women have fought against „sexual harassment at workplace‟, some of them got
succeeded and some of them failed in their fighting. There are so many cases that they have
taken legal help to fight against sexual exploitation/harassment but have failed to find even an
appearance of justice at the end. It can be cited the case of Shehnaz Mudbhatkal, who wanted to
fight against the sexual harassment and took challenges and paid the price.
related to sexual harassment at workplace which is filled by Shehnaz. She waited 11 long
years to get justice, though every document of the case is in favour of her because her company
wanted to delay the case and kept petitioning the High Court and Supreme Court only for some
technical points of this case. The Labour Court awarded the judgement and held that the
management had been victimizing her for the reason that she refused to fulfill the demands of her
superior and the court directed the management to reinstate her job and pay full back wages. The
management made an appeal to the Division Bench of the High Court but their appeal was
dismissed. After 13 long years of the case, Shehnaz was able to return for work. Shehnaz had her
savings and own house to afford to fight against the arbitrary dismissal and prove her victim of
sexual exploitation/harassment, though all the witnesses turned to antagonistic.But the main
question is that those victims who have no savings or sufficient money or who work to live only,
will they be able to get justice?
In the case of Mrs. Rupan Deol Bajaj v. Kanvar Pal Singh Gill
where Mrs. Rupan Deol Bajaj an Indian Administrative Service Officer belonging to Punjab
cadre who was working as the Special Secretary, Finance in Punjab Government, file a
complaint claiming charging of offences under Sections 341, 342, 352, 354 and 509 of the IPC
against Mr. K.P.S. Gill who was the Director General of Police of the State of Punjab. A FIR
was lodged and a complaint was made to the Court of the Chief Judicial Magistrate. The High
Court rejected the complaint as well as the FIR. The Supreme Court withdrew the Judgement of
the High Court and held that FIR disclosed an offence under Sections 354 and 509 of IPC.In
considering the sections 354 and 509 of IPC, the Supreme Court stated that the allegations are
considered as prima facie to disclose of offences, and because of this the alleged act of Mr.
Gill‟s slapping amounted to „outrage her modesty‟ and it is not only an insult in the normal
sense of womanlike decency, but also an insult to her dignity.
The Supreme Court announced its decision of fine Rs. 2.5 lakhs and imprisonment up to 3
months to K.P.S Gill under Sections 294 and 509 of Indian Penal Code.
In this case of Mrs. Veeda Menezes v. Yusuf Khan Haji Ibrahim Khan33
the court held that the harm cannot be judged by only physical or other injury as there is no
standard degree of harm which can be considered as adequate for the complaint of harm.
In State of Punjab v. Major Singh
one of the learned judges came across a question that whether a female child of seven and half
months would be a victim of modesty, and the court by taking the plea of Section 10 of the IPC
which clearly defines the term „women‟ and it denotes a female human being of any age. Hence
it comes under Section 354 of IPC and the court also stated that when any act done to a women,
it clearly suggestive of sex according to the common notions of mankind.
Assessment of Outraging Modesty of Women:
In Bajaj v. K.P.S. Gill
, this case does not limit the understanding of the term „modesty on the basis of sex‟. The
Supreme Court provides the ultimate test to determine whether modesty of women has been
outraged or not, is that the action of the offender which is capable of „shocking the sense of
decency of women‟. In this case, the concepts of privacy and modesty have been established in a
more unbiased way and hence any kind of inconvenience or harassment to a woman whether it
may be in her private or public life amounts to an offence. Sex is the main extract of a woman‟s
modesty. After Bajaj, an act capable of shocking the sense of decency of women which includes
insulting or outraging the modesty of women.
Significance of Bajaj Judgement
In the Bajaj case the Supreme Court clarified the term „modesty and how modesty is
to be judged‟. The court mainly has faith on „common notions of mankind‟ to judge
what is outrage or hurt the dignity of women. After this case the court effectively every sphere of
life.
An Analysis of Judgement of Vishaka v. State of Rajastan36:
A writ petition was filed by some social activists and NGOs with the following
intention:The first intention is to aid in finding suitable mechanisms for the realization of
gender equality. The second most important aim is to prevent sexual harassment and
thirdly, to fill the gap in the present legislations.
The Supreme Court Guidelines
The most important fact that Supreme Court considered that, in India, there are no adequate
provisions and specific protective measures available in the present civil and penal laws for the
protection of women from sexual harassment of women at workplace. According to the Supreme
Court of India, it is very much necessary to have such legislation which can protect women from
such crime, but this will take time to make. The Apex Court further stated that every workplace
or other institutions there should be some responsible person who can observe certain guidelines
to ensure the prevention of sexual harassment of women.
It shall be the duty of every 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.
Post-Vishaka Judgements
Case Study on the Judgement of Apparel Export
Apparel Export promotion council v. A.K. Chopra
The fact of the case is that Miss. X (name withheld) work as a clerk cum typist in the Apparel
Export Promotion Council. The respondent i.e. A. K. Chopra insisted her to go to the business
place of Taj Palace Hotel to take dictation instead knowing the fact that she is not competent or
trained to take dictations. The respondent by taking the advantages of an isolated place of
business tried to sit close to her and touch her again and again despite her several objections.
After that, in the lift, the respondent again had tried to molest her physically, but somehow she
saved herself by pressing the emergency button of the lift which makes the lift open. On the next
day she was ready to complain against the respondent, but failed as the Director was busy. On
the very next day, she submitted a written complaint to the Director against the respondent. After
that a charge sheet was served to the respondent, but the respondent denied the entire allegation
by stating that these all are baseless. After going through the documentary and circumstantial
evidence, the Enquiry Officer came to a conclusion that the act of the respondent against Miss X
is immoral and does not test decency and modesty, and hence the charges were proved against
the respondent.The Disciplinary Authority agreed with the enquiry officers reports and imposed
the penalty of removing the respondents from the service immediately. After that the respondent
filed a writ petition to the High Court and challenged his removal from the service as well as
against the decision of the staff committee as the committee dismissed his departmental appeal.
Judgement of High Court
The Learned single Judge allowed the writ petition on the opinion that the petitioner tried to
molest and not that the petitioner had in fact molested the complainant. The court directed the
management, by disposing of the petition that the respondent must be reinstated in the service
and held that he would not be entitled to get back his wages. It was also held by the court that
management must post him in any other office outside Delhi at least for the period of two years.
Medha Kotwal Lele and others v. Union of India.
In this case Medha Kotwal Lele was a teacher and a victim of sexual exploitation/harassment at
workplace, filed a petition presented by the Human Rights Law Network (HRLN) to the
Constitutional Court. The complaint was mainly focused on the non-implementation of Vishaka
guidelines which was passed by the Supreme Court many years ago. Supreme Court while
hearing the petition understood the continuous rise in number of sexual harassment cases in
professional institutions. The court passed an order to the Union and State territories to amend
their respective Central Civil Services (Conduct) Rules, 1964 and Industrial Employment
(Standing Orders) Rules.40The court observed that even many institutions and states had not yet
established a complaints committee for prevention of sexual harassment cases. The court also
seek views from the Bar Council of India, Medical Council of India, All India Council of
Technical Education on the measures to implement the Vishaka guidelines in a proper way in to
stop the menace of sexual harassment of women at workplace. The court ordered the private and
public sector institutions to create mechanisms for full implementation of the Supreme Court
guidelines given in the Vishaka case.
The Supreme Court gives attention to the upgradation of the complaints committee, and the
committee shall be treated as sole inquiry authority and its report must be 39. (2013) 1 SCC 297
. Industrial Employment (Standing Orders) Rules, 1946, s. 3A-3D.
U.S. Verma, Principal DPS Faridabad v. National Commission for Women and others,41
held that 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 to that such are outlawed not only because they result in gender discrimination, of the
individual aggrieved, but also 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. The aim of Vishaka (guidelines) was to ensure a
fair, secure and comfortable work environment and to completely eliminate possibilities where
the protector could abuse his trust and turn predator, or the protector – employee would
insensitively turn a blind eye.
In C.H. Pramodhini v. Association of India and others
the head of the institution where the appellant was functioning as a teacher, dismissed her
objections of sexual exploitation/harassment as a branch of an individual competition open
between the appellant and the defendant, despite grumbling of an endeavor to shock the
unobtrusiveness being made by the earlier. In the resulting legal procedures, the chief kept up his
stand that since the blamed had surpassed the appellant in additional N.C.C exercises in the
institution, and as there had been public fights between the said parties previously, the objections
of sexual exploitation/harassment must be a piece of heir relational contention. Notwithstanding,
based on a grievance made by the denounced charging mental harassment by the appellant, the
woman was given an ex parte censure cautioning her of serious punitive act in the event that she
continued utilizing her envy to endeavor character elimination against the accused. The disputes
made by the casualties were overlooked, and regardless of a suggestion by the institution
chamber to inquire into the case, the protests council was not included.
The woman was likewise moved from the college. Strangely, despite the fact that the protests of
the casualty were excused, the college managerial specialists conceded in the procedures before
the Central Administrative Tribunal, that the charge had been „conveyed of institution for
comparative offence‟. This is an unmistakable instance of impassion of skilled specialists
Smt. V. Bharani v. Magistrate of Labour and another
is a case wherein the casualty Bharani was filling in as a Typist in the workplace of the
„Inspector of Labour, Cuddalore‟. She was confronting sexual exploitation/harassment on
account of the reviewer and she had likewise submitted a question to the Commissioner of
Labour regarding his sexual headways. She additionally submitted a question to the „Tamil Nadu
Government Employees Association‟. At the point when the objection was forthcoming, one Mr.
Kolanchi, functioning as a typist who used to offer sexual remarks about female representatives
working in the workplace had grasped the applicant's hand and attacked her. She additionally
submitted a police complaint that very day and sent a letter to the Inspector of Labour,
Cuddalore. Be that as it may, the Department moved her out of Cuddalore office and diminished
her from the post on 23.4.1999. In her protest she had expressed „he used to come to my cabin
and try to molest me and abuse me. My resistance to such things has resulted in assault by him
on my cheek. It is, therefore, my kind request to you that taking into consideration all that I have
stated, a thorough enquiry may be held into my complaint to find out the truth‟.The candidate
additionally drew the consideration of the respondent about the decision of the Supreme Court in
Vishaka vs. State of Rajasthan
and furthermore about the need to shield the women representatives from the sexual harassment
dispensed to them in the workplace. Despite her explanation, the respondent didn't decide to
direct any inquiry as commanded by Vishaka judgement. Unexpectedly, the respondent outlined
a charge update under Rule 17 (a) of the Tamil Nadu Civil Services (Discipline and Appeal)
Rules against her, denouncing that she had attacked a co-representative
Thusly the candidate sent another portrayal wherein she had expressed that such explicit sexual
harassment had occurred within the sight of the Inspector of Labour, Cuddalore. The culprit had
utilized terrible, sexy, unprintable comments in a boisterous voice and the Office Superintendent
had a problem with his conduct. The guilty party went to the extent of keeping his hands on her
chest which was seen by her associates. Rather than leading an inquiry and making a move
against the said Kolanchi, she was moved out of Cuddalore office and was seriously
cautioned.The court noticed that it is rather unfortunate that the respondent should take certain
obstinate stand contrary to the dictum laid down by the Supreme Court. In fact, the charge
against the petitioner itself came to be made under Rule 17 (a) only after two years from the date
of the alleged incident. On the contrary, even as against the show cause memo, the petitioner
spelt out the sexual harassment faced by her in the office of the Inspector of Labour at Cuddalore
and made a specific complaint against the said Kolanchi. In such circumstances, the Supreme
Court in Vishaka‟s case mandated the employer to conduct an enquiry but they have failed to
comply with the directions of the Supreme Court.Likewise, the criticized move request was
saved and the defendants were coordinated to lead an inquiry based on the objection made by the
solicitor as per Vishaka‟s case. This case obviously uncovers the inaction with respect to the
administration, either open or private and that however the Supreme Court‟s bearing is
restricting under Article 141 of the Constitution, to be continued in letter and soul, was not
carried out even following four years.
In Bhartiben Dahyabhai Patel v. Director of Primary Education and others44, the
plaintiff was a solitary woman teacher in a co-educational elementary school, which was
bothered and slapped by the Headmaster of the school before staff and understudies for griping
against the conduct of an individual from the Panchayat. She was compressed to pull out her
protest. At the point when she looked for the assistance of police. She was moved to a remote
spot by the District Primary Education Officer, Surat.
The High Court noticed that „the solicitor had been exposed to harassment and that the ability to
move had been exercised by the concerned authority discretionarily and deceitfully in moving
the applicant‟. Pronouncing the request for move to be nonexistent, the court permitted the
applicant to continue her obligations. The court additionally requested an enquiry into the
charges of the solicitor that prompted the issue. This is a reasonable instance of reprisal against
the casualty of sexual exploitation/harassment by move to a far off place.
CONCLUSION
Judicial pronouncements on sexual harassment at the workplace serve to interpret and apply
existing laws, ensuring fair and just outcomes for victims and accountability for perpetrators.
These pronouncements often establish precedent, guiding future cases and shaping legal
standards to address evolving issues surrounding sexual harassment. Through consistent and
principled rulings, courts play a crucial role in clarifying rights, responsibilities, and remedies
concerning workplace harassment, ultimately fostering safer and more equitable work
environments.
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