Sexual harassment at workplace: Supreme Court rejects plea

The Top Court has refused to entertain an appeal seeking protection for complainants & witnesses in sexual harassment-at- workplace cases from victimisation or retaliation by accused persons or organisations involved.

A Bench of Justices R. Banumathi & A.S. Bopanna disposed of the special leave petition filed by Sunita Thawani highlighting the issue that the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act of 2013 doesn't have any provision mandating protection for victims & witnesses in workplace sexual abuse cases.

The court, in its Feb 6 order, however granted the petitioner liberty “to work out her remedy in accordance with law, including by making representation before the authorities concerned.”

The Delhi HC had dismissed the plea in July 2019, saying the petitioner was effectively seeking the creation of a new offence under the head of ‘retaliation’, something which the Act hasn't provided. The HC had reasoned that courts can't legislate. It had concluded that Ms. Thawani’s plea was “ fundamentally misconceived.”

“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 & Redressal) Act 2013. If it doesn't, it can't be punishable under the Act, as it deals with only offences of a sexual nature,” the HC had reasoned.

Source Link