Employee alleges sexual harassment in workplace, knocks on court’s door

STAFF REPORTER

GUWAHATI: Women today are coming out of their houses to work for their economic independence. They have become career-oriented and are playing an important role in the country’s economic growth. However, they often have to face unwanted sexual remarks and advances from their male colleagues. Sexual harassment of women in the workplace is a big concern. A victim of such an offense had to approach the Gauhati High Court after her senior officers allegedly did not take any action to redress her grievances.

A writ petition (WP(C)/1890/2023) had been filed in Gauhati High Court by a petitioner who is an employee of the Assam State Textbook Production and Publication Corporation Ltd. According to the petitioner, a male colleague had been harassing the petitioner since her appointment in the year 2019. She had repeatedly raised her grievances before the Managing Director of the Assam State Textbook Production and Publication Corporation Ltd. as well as other superior officers. However, the authority failed to take adequate steps to look into the grievances and take appropriate action as mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the Rules framed thereunder.

The petitioner came to know upon making enquiries that as mandated under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Internal Complaints Committee had not been constituted by the chairman of the Assam State Textbook Production and Publication Corporation Ltd. The harassment faced by the petitioner had been communicated verbally and through Whatsapp messages as well as by written complaints. Since no action was taken, she approached the court for a direction to the authorities concerned to follow the directions of the Supreme Court in the Vishaka & Ors Vs. State of Rajasthan & Ors, reported in (1997) 6 SCC 241 as well as under the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The court was informed that the chairman of the Assam State Textbook Production and Publication Corporation Ltd. had constituted an Internal Complaints Committee comprising of four members. Further communication has been issued by the Managing Director of the Assam State Textbook Production and Publication Corporation Ltd. to the chairman of the complaints committee, requesting the committee to look into the grievances of the petitioner. The court was further informed that the committee would begin its proceedings any day.

The petitioner said that she had time and again repeatedly approached the competent authorities about the harassment she faced at the hands of the male colleague. However, the authorities concerned did not redress her grievances as they are required to do under the provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 read with the Judgment of Vishaka (Supra). Failure to comply of the provisions of the Act has penal consequences as stipulated under the Act. As such, the petitioner appealed to the court to pass appropriate orders under the provisions of the Act if the authorities are found to have defaulted in complying with the provisions of the Act.

The court stated that the matter would require some examination. The court then directed that notice should be issued to the accused male colleague, the Managing Director and the Chairman of the Assam State Textbook Production and Publication Corporation Ltd.

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