In a significant move, the Madras High Court has issued a directive to the Ministry of Defence to ensure the proper existence of the Internal Complaints Committee (ICC) in the Armed Forces. The court's decision comes in line with the mandate of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013.
The directive was made after a distressing case was brought to the court's attention. A woman flight lieutenant in the Indian Air Force (IAF) had to resort to filing a rape complaint against her colleague with the Coimbatore city police due to dissatisfaction with her employer's response to the incident.
Justice R.N. Manjula, while passing the order, expressed concern over the treatment faced by the victim when she attempted to report the crime internally at the Air Force Administrative College (AFAC) in Coimbatore in 2021. The judge emphasized the importance of empowering women in the armed forces to fight against such violence.
Furthermore, the court has directed the Armed Forces personnel to undergo gender sensitization programs to achieve the objectives of the POSH Act of 2013. The High Court Registry was also instructed to forward a copy of the judgment to the Defence Secretary and Union Home Secretary for follow-up action.
The case also brought to light the issue of secondary victimization, where the victim of sexual assault faces further distress even after the accused has been convicted. The court stressed the need to address this hardcore reality and ensure strict compliance with the mandates of the POSH Act of 2013 within the Armed Forces.
During the proceedings, the Deputy Solicitor General representing the AFAC Commandant argued against the lower court's order to hand over the custody of the accused to the IAF authorities before the police completed their investigation. However, the judge was displeased with the tone of the counter-affidavit and remarked that it seemed to provoke a power wrangle.
The accused, a flight lieutenant in the Indian Air Force, was arrested by the Coimbatore Police in September 2021 following the victim's complaint. The woman officer had also alleged that IAF medical doctors subjected her to a two-finger test, which has been banned by the Supreme Court since 2013.
In response to the case, the Madras High Court laid down procedures to be followed when criminal courts and the Court Martial have concurrent jurisdiction. As the Court of Inquiry was initiated by the AFAC first, the court held that the accused could be prosecuted only before the Court Martial.
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