Login With Google
Cases of sexual harassment at workplace: SC rejects plea
Why in news?
- SC has refused to entertain an appeal seeking protection for complainants & witnesses in sexual harassment-at-workplace cases from victimisation or retaliation by accused or organisations involved.
More in news
- Petitioner Claimed: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 does not have any provision mandating protection for victims and witnesses in workplace sexual abuse cases
- Dismissal by Delhi High Court Earlier in July 2019:
(1) it had dismissed the plea saying the petitioner was effectively seeking the creation of a new offence under the head of ‘retaliation’, something which the Act has not provided.
(2) The High Court had reasoned that courts cannot legislate. It had concluded that plea was “ fundamentally misconceived.”
(3) “Retaliation or victimisation are only the provocation for an act of assault. If an act of assault amounts to sexual harassment, it would anyway be punishable under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. If it does not, it cannot be punishable under the Act,” the High Court had reasoned.
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013
(1) This statute superseded the Vishaka Guidelines for Prevention Of Sexual Harassment (POSH) introduced by SC.
(2) Through the Criminal Law (Amendment) Act, 2013, Section 354 A was added to the Indian Penal Code that stipulates what consists of a sexual harassment offence and what the penalties shall be for a man committing such an offence.
Sources
The Hindu