2020-2025

Student’s Name: Sagar srivastava

Enrolment NO : 20FLICDDN02154
Batch Name & Year: BA.LLB.(Hons.) 2nd year
Project Title: Sexual Harassement at workplace.

Submitted By: Sagar Srivastava

Submitted To: Ms. Ekta Gahlawat

 Sexual Harassment at Workplace

Abstract:
The Fundamental rights are the very basic right provided to every citizens of India and
it can also be defined as the human freedoms by which every Indian citizen has the right
to enjoy for a proper and harmonious development of society. These rights universally
apply to all citizens, irrespective of race, place of birth, religion, caste, creed, colour or
sex.

According, to the perspective of the fundamental rights we can deduce that gender
equality in all dimensions is a basic right and constitution guarantees all its citizens
equality of status and opportunity. Sexual harassment is considered as the violation of
woman’s fundamental right enshrined in Article 14 and 15 of constitution of India and
her right to life and to live with dignity as per Article 21 of the constitution. Sexual
harassment at workplace creates the hostile and insecure environment, thereby
resulting less women participation in work and adversely affecting their economic as
well as social growth. The constitution also provides every citizen to practise, propagate
and carry out any trade, occupation, business under Article 19(1)(g) of the constitution,
which again includes the right to a safe environment, free from all forms of harassment.
In India, for the first time in 1997, a petition was filed in apex court to enforce the right
of women working at place, after the brutal gang rape of Bhanwari devi a social worker
from Rajasthan.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and

Redressal) Act 2013 has been enacted with the objective of providing protection,
prevention to women against sexual harassment at workplace and aims to effective
redressal of complaints of sexual harassment. The bill seeks to provide every working
women, irrespective of her age, employment status, the safe and secure environment
free from all forms of harassment.

Key Words: Sexual harassment, Fundamental, Constitution.

1. Introduction

“You can tell the condition of a nation by looking at the status of its women.”

– Pandit Jawaharlal Nehru

Sexual harassment of women is a global issue prevalent both in developed as well as

developing country. Stretched out across religions, caste, class, topographical
boundaries it has spread in the society like a virus. It is being offensive to the human
dignity and attack on the norms of society, which emerges as the fundamental crises all
over the world. In the era of industrialisation, globalisation, development in various
field, the role of women changing rapidly. Today, the women is no more restricted to
household work only women in India are showing progress in almost all the fields such
as education, economics, politics, media, art, space and culture, service sectors, science
and technology. As the role of women shifted from household to commercial world,
offences against women is also increasing day by day. To address all these complex
issue, India’s first legislation specifically addressing harassment at work place was
enacted in 2013.
2. What is sexual Harassment?
Sexual harassment is any of the following:

 Unwanted lead or remarks of a sexual sort.

 A progression of unwanted lewd gestures.
 Unwelcome sexual advances made by a person, like an employer, who is in a
position to give or take away benefits.
 Making an employee think there is a sexual condition attached to their
employment or any opportunities for promotion.
Inappropriate behaviour doesn't need to include actual contact. It can incorporate
verbal remarks, motions, visual pictures, and electronic correspondences like instant
messages or emails. Inappropriate behaviour can occur in the working environment or
outside of the working environment in business related circumstances, similar to staff
gatherings or work excursions.

3. EVOLUTION OF THE LAW ON WORKPLACE SEXUAL HARASSMENT:

Earlier, there were no related laws which could be invoked against alleged criminal.
There were three sections in the Indian Penal Code viz. 294,354 and 509 to deal with
such related crimes. However, these laws were framed to deal with the offence that
either amounts to obscenity in the general public or outrage the modesty of women. As a
result of growing importance to this issue Section 354A was added through the way of
Criminal Law (Amendment) Act, 2013 which enlist the acts which constitutes offence of
sexual harassment at workplace.

The Vishaka Judgement

In 1992, Bhanwari Devi, a women employed with the rural development programme of
Government of Rajasthan to curb the practise of child marriage and raise the issue, was
brutally gang raped on the account of her efforts. This heart-wrenching scene made us
confront the sordid reality of society from which we were untouched and highlighted
the urgency for safeguards to be implemented in this regard. Seeing this painful scene,
the women activist, social reformer and lawyers opposed the incident and approach to
the court under the banner of Vishaka. The Supreme Court of India, for the first time,
acknowledged the glaring legislative inadequacy and understood the absence of law in
this subject and ordered to make guidelines, which were known by Vishaka Guidelines.
4. APPLICABILITY AND SCOPE:
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 extends to the whole of India and stipulates that a woman shall not
be subjected to sexual harassment at her workplace. It is pertinent to note that the
statute protects only women and is not intended to be gender neutral legislation.
Further, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 applies to both the organized and unorganized sectors in India.
The statute, inter alia, applies to government bodies, private and public sector
organisations, nongovernmental organisations, organisations carrying out commercial,
vocational, educational, entertainment, industrial, financial activities, hospitals and
nursing homes, educational institutes, sports institutions and stadiums used for training
individuals and a dwelling place or a house.
4.1 All employers or persons in charge of workplace whether in the public or private
sector should take appropriate steps to prevent sexual harassment. Without prejudice
to the generality of this obligation they should take the following steps:
a) Express prohibition of sexual harassment must be notified, published and
circulated in a proper way.
b) The rules/regulations of government and public sector bodies relating to conduct
and discipline should include rules/regulations prohibiting sexual harassment
and provide for appropriate penalties in such rules against the offender.
c) Appropriate work conditions should be provided in respect of work, leisure,
health and hygiene to further ensure that there is no hostile environment
towards women at workplaces.

S. 294 IPC. Obscene acts and songs.

S. 354 IPC. Assault or criminal force to woman with intent to outrage her modesty.
S.509 IPC: Word, gesture or act intended to insult the modesty of a woman.
https://www.legalserviceindia.com/legal/article-374-case-analysis-vishaka-and-others-v-
s-state-of-rajasthan.html.

5.COMPLAINTS COMMITTEE:
An important feature of the Prevention of Workplace Sexual Harassment Act is that it
envisages the setting up of grievance redressal forums for both organized and
unorganized sectors.
A. Internal Complaints Committee.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 requires a business to set up a internal complaints committee
(ICC) at each office or branch, of an association utilizing at least 10 workers, to hear
and review complaints relating to inappropriate behaviour.
B. Local complaints committee
At the district level, the Government is needed to set up a local complaints committee
(LCC) to explore and review protests of inappropriate behaviour from the disorderly
area or from foundations where the ICC has not been comprised by virtue of the having
under 10 workers or then again if the protest is against the business.

A District Officer notified under the Act will constitute LCC. LCC will be a five
member committee comprising of a chairperson to be nominated from amongst eminent
women in the field of social work or committed to the cause of women, one member
from amongst women working in block/taluka/tehsil/municipality in the district, two
members of whom at least one shall be a woman to be nominated from NGOs
committed to the cause of women or a person familiar with the issues related to sexual
harassment provided that at least one of the nominees should preferably have a
background in law or legal knowledge. The concerned officer dealing with the social
welfare or women and child development shall be an ex officio member.
5.1.The Process for filing of Complaints:
a) An aggrieved woman may complain to the Internal Committee. In the absence
of such a committee, she may file a complaint with the Local Committee. All
complaints must be in writing. The complainant may also pursue other
remedies, including filing a criminal complaint.
b) The Committee shall provide for conciliation if requested by the complainant.
Otherwise, the Committee shall initiate an inquiry.
c) A complaint of sexual harassment can be filed within a time limit of 3 months.
This may be extended to another 3 months if the woman can prove that grave
circumstances prevented her from doing the same.
d) The Committee is required to complete the inquiry within a time period of 90
days. On completion of the inquiry, the report will be sent to the employer or the
District Officer, as the case may be, they are mandated to take action on the
report within 60 days. In case the complaint has been found proved, then the
Committee can recommend action in accordance with the provision.

5.1.2. Penalties and appeal

If the allegation is proved, the Committee shall recommend penalties for sexual
harassment as per service rules applicable or the Rules under the Act. In addition, it
may provide for monetary compensation to the complainant.

 If the allegation is proved to be false or malicious, the Committee may

recommend action against the complainant. However, action may not be taken
against a complainant merely on the inability to substantiate a complaint or
provide adequate proof.
 Appeals against the recommendations of either Committee shall lie with the
courts.
 Penalties have also been prescribed for employers who fail to comply with the
provisions of the Act. Noncompliance shall be punishable with a fine of up to Rs
50,000. Repeated violations may lead to higher penalties and cancellation of
licence or registration required for carrying on the business.

https://www.prsindia.org/uploads/media/Sexual%20Harassment/Legislative%20Brief%20-
%20Sexual%20Harassment%20-%2020May11.pdf. (b) https://prsindia.org/billtrack/the-protection-
of-women-against-sexual-harassment-at-work-place-bill-2010
6. Conclusion:
India is quickly progressing in its formative objectives and there more women are
joining the work power. The acknowledgment of the right to assurance against sexual
badgering is a natural part of the assurance of the women’s human rights. It is all a
step towards providing women independence, equality of opportunity and the right at
work with dignity. Sexual harassment at the workplace is a social challenge that needs
to be addressed. Despite increased public awareness, sexual harassment continues to
plague Indian workplaces. Enhancing training courses on sexual harassment and
providing documentation or a handbook on the prevention of sexual harassment at the
workplace can help in combating it.

This makes it necessary for organizations to implement the act effectively and bring in
robust redressal processes at the earliest.

LEADING CASEE LAWS RELATED TO

PROJECT

“The day a woman can walk freely on the roads at night, that day we can say that India
has achieved independence.” – Mahatma Gandhi

1.
VISHAKA & ORS. V STATE OF RAJASTHAN &
NAME OF THE CASE
ORS.

CITATION OF THE CASE (1997) 6 SCC 241

NAME OF THE COURT HON’BLE SUPREME COURT OF INDIA

PETITIONERS IN THE CASE VISHAKA AND ORS.

RESPONDENTS IN THE CASE THE STATE OF RAJASTHAN AND ORS.

JUDGMENT PASSED ON 13TH AUGUST 1997

Chief Justice JS Verma

HON’BLE BENCH Chief Justice Sujata V. Manohar

Chief Justice B.N. Kirpal

  Facts of the case
Bhanwari Devi, a woman belonging from Bhateri, Rajasthan started working under the
Women’s Development Project (WDP) run by the Government of Rajasthan, in the
year 1985. She was employed as a ‘Saathin’ which means ‘friend’ in Hindi.

In 1987, as part of her work, Bhanwari dealt with an issue of victim who was raped,
hailed from neighbouring village for which she gets full support from the member of
her village. In the year 1992, she confronted the another issue based on the
government’s campaign against child marriage but this step meet with the disapproval
and ignorance by all the members of the village, even though they were aware about the
facts that the practise of child marriage is illegal.

In the meantime, the family of Ram Karan Gurjar had made arrangements to perform
such a marriage, of his infant daughter. Bhanwari, abiding by the work assigned to her,
tried to persuade the family to not perform the marriage but all her attempts resulted in
being futile. The family decided to go ahead with the marriage.

With the help of sub divisional officer along with the Deputy Superintendent of Police
(DSP), she was able to stopped the said marriage. However, the marriage was
performed on the next day to which no police action taken against it. Later, it was find
and established by the villagers that the action was placed on the complaint of
Bhanwari devi. This led to the boycotting the campaign of Bhanwari Devi, and her
family from village.

On 22nd September 1992, to seek retaliation, five men i.e, four from the above-
mentioned Gurjar family- Ram Sukh Gujjar, Gyarsa Gujjar, Ram Karan Gujjar, and
Badri Gujjar along with one Shravan Sharma had attacked Bhanwari Devi’s husband
and later brutally gang-raped her.

The police had tried all possible ways to avoid filing any complaint against the accused
which resulted in a delayed investigation. Even after facing so much criticism,
Bhanwari Devi, with her incessant determination to get justice, managed to lodge a
complaint. The medical examination was delayed for fifty-two hours. However, the
examiner did not mention any commission of rape in the report but rather mentioned
the age of the victim.

In the absence of sufficient evidence and with the help of the local MLA Dhanraj
Meena, all the accused managed to get an acquittal in the Trial Court. But this acquittal
resulted in a huge backlash from many women activists and organizations which
supported Bhanwari. These organizations came together and raised their voice to attain
justice, which resulted in the filing of a Public Interest Litigation (PIL).

The PIL was filed by a women’s rights group known as ‘Vishaka’. It laid its focus on the
enforcement of the fundamental rights of women at the Workplace under the provisions
of Article 14, 15, 19, and 21 of the Constitution of India, it also raised the issue of the
need for protection of women from sexual harassment at Workplace.

 Issues raised in the case

 Whether sexual harassment at the Workplace amounts to a violation of Rights of
Gender Inequality and Right to Life and Liberty?

 Whether the court could apply international laws in the absence of applicable
measures under the existing?

 Whether the employer has any responsibility when sexual harassment is done
to/by its employees?

Petitioners Argument
A writ petition, the writ of mandamus became filed with the aid of the ‘vishaka’
institution which constituted of diverse women’s rights activists, NGOs, and different
social activists. They put forward their argument that the indecent acts of sexual
harassment of women at workplace violate the fundamental rights enshrined below
article 14, 15, 19(1)(g) and 21 of the constitution of India. The petitioners delivered the
attention of the Hon’ble court to the loophole that the law has concerning the supply of
a secure running surroundings for women. They asked the hon’ble court to border
guidelines for preventing sexual harassment at administrative center.

Respondent’s arguments
The learned Solicitor General appearing on behalf of the respondents (with their
consent) in this case did something unusual that is upheld the applicants. he respondent
helped the Hon’ble court in figuring out an successful strategy to check sexual
badgering and in organizing the rules for the anticipation of the same. Fali S. Nariman,
the amicus curiae of the Hon’ble court in conjunction with Ms. Naina Kapur and Ms.
Meenakshi provided assistance to the Hon’ble court in dealing with the said case.

Judgment of the case

The need of a law that would avoid sexual badgering and give women with a secure
working environment was recognized by the supreme court of India Section 354 and
354A of the Indian Penal Code, 1860 were to be alluded in any case of sexual badgering
but these arrangements were not particular to the issue at hand. This made the Hon’ble
court realize need for appropriate and successful enactment that would deal with sexual
badgering.

The Hon’ble Court took reference from the international conventions to proceed with
the case, court took reference from the provisions of Convention on the Elimination of
All Forms of Discrimination against Women.

The Hon’ble Supreme Court framed the guidelines to prevent sexual harassment at the
Workplace, known as Vishaka Guidelines, that were to be treated as law declared under
Article 141 of the Indian Constitution. These guidelines were the foundation for The
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)
Act, 2013.

Conclusion
Sexual harassment at the workplace is a social challenge that needs to be addressed.
Despite increased public awareness, sexual harassment continues to plague Indian
workplaces. Enhancing training courses on sexual harassment and providing
documentation or a handbook on the prevention of sexual harassment at the workplace
can help in combating it. This makes it necessary for organizations to implement the
act effectively and bring in robust redressal processes at the earliest.

It is paramount to take note of the fact that, though such comprehensive laws have been
enacted to safeguard women in India, it still ranks as the most dangerous country for
women. Maybe it is time to question ourselves, is it the law or is it us that must be
responsible?

Refrences

https://www.legalserviceindia.com/legal/article-374-case-analysis-vishaka-and-others-v-
s-state-of-rajasthan.html.

(1997) 6 SCC 241

http://www.nitc.ac.in/app/webroot/img/upload/546896605.pdf
 2.

Mrs. Rupan Deol Bajaj & Anr vs. Kanwar Pal Singh
NAME OF THE CASE
Gill & Anr.

CITATION OF THE CASE 1996 AIR 309,1995 SCC(6) 194

NAME OF THE COURT HON’BLE SUPREME COURT OF INDIA

PETITIONERS IN THE CASE Mrs. Rupan Deol Bajaj & Anr

RESPONDENTS IN THE CASE Kanwar Pal Singh Gill & Anr

DECIDED ON 12th October, 1995

Chief Justice M.K. Mukherjee

HON’BLE BENCH Chief Justice A.S. Anand

Facts of the case

On 18th July, 1988 a party was organized by Shri S.L. Kapur, a common colleague of
both the parties. Around 20 to 25 couples were there at the party. Mr. & Mrs. Baja
were also there in them. Mr. Gill was attending the party but was without his wife.

When Mr. gill reached at the party, he went near the group of ladies who are sitting in
semi-circle and asked Mrs. Bajaj to join him for some time by stating reason that he
needs to discuss something important with her and Mrs bajaj responds to him, going to
sit on a chair and as she is just to sit, Mr. Gill dragged the chair.

She gets offended by the act of Mr.Gill and joined the ladies again. After some time, he
again went to approach her but this time she strongly objected, drew her chair and
turned back. Mr Gill suddenly slap on her posterior side in front of others.

So, getting furious from his act, she filed a complaint against him. Another complaint
filed by the Mr. Bajaj who is also the IAS officer, alleging that Mr Gill is the senior
inspector of Chandigarh Police, the investigation against him will not be conducted in
fair and impartial manner. On that report magistrate asked for a investigation report.
In the meantime, Mr Gill filed a petition in the high court for quashing FIR and able to
get stay on the interim order and later both FIR as well as complaint was quashed by
the High Court.

Aggrieved by the impugned judgment of the Honourable High Court both Mr and Mrs
Bajaj filed an appeal to the Honourable Supreme Court.

JUDGEMENT OF THE CASE

It was directed by Apex Court to the Chief Judicial Magistrate (CJM), Chandigarh to
take cognizance upon the police report for the offences under relevant section of IPC. It
was too expressed by the bench that the request was recorded in arrange to decide that
whether prima facie case for examination exist or not and by looking in to the matter we
coordinate CJM as it were to begin the examination and it'll be upon his/her
watchfulness by looking into the confirmations that blamed must be rebuffed or not.

So, the request of Mr & Mrs Bajaj was permitted and satisfactory help was given to
them by suppress the condemned judgment of the High Court.
Conclusion
It can be concluded that suppress of F.I.R. and complaint by the High Court must be
based on a few sound and legitimate grounds and it'll be grave bad form for the parties
in the event that the common standards of law will be neglected and particularly within
the cases where helpless area of society is in concern.

 https://indiankanoon.org/doc/579822/

3.
NAME OF THE CASE N.RADHABAI V. D. RAMACHANDRAN (1995)

1995 AIR 1476 1995 SCC (4) 141

CITATION OF THE CASE
JT 1995 (4) 1995 SCALE (2)842

NAME OF THE COURT HON’BLE SUPREME COURT OF INDIA

PETITIONERS IN THE CASE MISS RADHA BAI

RESPONDENTS IN THE CASE THE UNION TERRITORY OF

 PONDICHERRYREPRESENTED BY ITS CHIEF S

DECIDED ON 20/04/1995

Chief Justice PARIPOORNAN

HON’BLE BENCH Chief Justice KULDIP SINGH

Facts of the case

The facts of the case are that N. Radha Bhai was the secretary of Ramachandran who
was a serve of the at that point government. Radha Bhai was well aware of the nature
and state of mind of Ramchandra and how he utilized to bug and manhandle women in
his state since he was working with him for a long time.

Ramchandra too once harassed his secretary after which Radha Bhai came forward
and recorded a complaint against the minister. When the matter came before the
honourable court and it uncovered that not as it were Ramchandra manhandled his
secretary but also harassed different other ladies from his state.

Judgement of the case.

The court gave its decision in favor of the victim for the breach of her rights and
remuneration from her boss for the act he had committed

Critical Analysis
There are a several issues that are related to sexual badgering which ought to be
discussed openly with all the workers within the organizations to spread mindfulness
and control this problem. Womens ought to moreover be taught around the rights and
remedies they have, so that they don't feel powerless and helpless in case in future they
confront badgering.

The employer should take every steps with its means to halt such acts and in case such
action takes place then he should support the victim and take steps as to provide justice
to the victim. There should also be no differentiation sexual harassment can only take
place in the private sector as it can take place anywhere.

 https://indiankanoon.org/doc/1031127/
 4.

TUKA RAM AND ANOTHER VS STATE OF

NAME OF THE CASE
MAHARASHTRA

CITATION OF THE CASE 1979 AIR 185, 1979 SCR (1) 810

NAME OF THE COURT HON’BLE SUPREME COURT OF INDIA

PETITIONERS IN THE CASE Tuka Ram & anr

RESPONDENTS IN THE CASE THE STATE OF MAHARASHTRA

JUDGMENT PASSED ON 15th September 1978

HON’BLE BENCH Chief Justice Koshal, A.D. Koshal; A.D. Singh, Jaswant,
Kailasam, P.S.

Facts of the case

A young girl named Mathura was living with her brother Gama as her parents were
died at their early age. She use to work as labourer in Nunshi house, during the course
of her employment, she comes in the contact of nunshi’s sister’s son and developed a
sexual relationship and were decided to get married.

On 26th walk, 1972 her brother, Gama logged a complaint at police station expressing
that Mathura had been kidnapped by Nushi. Statements were recorded by the Head
Constable Baburao (appealing party no.1), at 10:30 P.M. He recorded the articulations
of Mathura and Ashok. Baburao asked all the persons to leave with a direction to Gama
to bring a copy of the entry regarding the birth date of Mathura.

he Appellant no. 1 asked Mathura to stay at the police station only. After everyone left,
the appellant no.1 closed the doors and switched off the lights also. And then he took
Mathura inside the washroom and raped her. After him, appellant no.2 fondled with
her private parts and tried to rape her but failed due to his high intoxication. Nunshi,
Gama and Ashok who were waiting outside the police station for Mathura grew
suspicious. Mathura narrated this incident to them. Thereafter, a complaint was logged
and Mathura was examined by the Dr. Kamal Shastrakar on 27th March, 1972 and
found no injury on her body. The examiner did not find the symptoms of semen, even
on the pubic hair. The semen was however found on the girl’s clothes.

Judgement of session court

Session court held that both the constables were not liable for the offence of rape and
acquitted them by stating that it was consensual sexual relationship. By acknowledge
the facts that she is habituated to sex, court had not considered, the chance of girl being
raped. He further justified the presence of semen on her clothes by saying that, this is
because of her habituated sex, it comes from the person other than ganpat. Further, on
justifying the semen on ganpat clothes, this happens because of nightly discharge. It is
observed that she was scared of her brother that is why she had not any sound. He
further held that to sound virtuous she fabricated the story of being raped.

Judgment of the High Court:

The Bombay high court reversed the order of the session court and held that the sexual
intercourse was a rape and not a consensual sexual intercourse. The high court
distinguished between passive submission and consent. In its remarks it clearly states
that both the accused were strangers to her and it is highly improbable to say that she
can have sexual intercourse with them to fulfill the sexual needs of her.
Judgment of the Supreme Court:
Supreme Court took cognizance of all the facts in issue. The court analyzed that the girl
was indulged in sexual activities earlier. In the case where she has been allegedly gang-
raped has no evidence to prove the same. There is no indication or element to connect to
prove that the girl was raped and acquitted the culprits stating that the girl must have
induced the two policemen After the judgment there were a lot of protests against it
because of the grounds stated by the court and people came up on roads with rage and
anger. The situation was very critical and the legislature took to the task to bring
certain reforms to the rape laws which were not that strong. The legislature introduced
the Criminal Law Act of 1983 (2nd amendment).

Conclusion-
Thus, this case is very important in strengthening the position of the laws in the country
for sexual harassment as it recognized the importance of the rights of women which
were being infringed granted by the constitution.

 https://en.wikipedia.org/wiki/Mathura_rape_case
 https://indiankanoon.org/doc/1092711/

5.
 STATE OF MAHARASHTRA VS
NAME OF THE CASE MADHUKAR NARAYAN
MARDIKAR (1991

CITATION OF THE CASE AIR 1991 SC 207, (1991) 1 SCC 57

NAME OF THE COURT THE SUPREME COURT OF INDIA

PETITIONERS IN THE CASE State of Maharashtra & anr.

RESPONDENTS IN THE CASE Madhukar Narayan Mardikar

JUDGMENT PASSED ON 23 October, 1990

Hon’ble Justice K J Shetty, J.; Ahmadi,

HON’BLE BENCH
J.

Facts of the case:

The facts of the case were that there is was a lady who was forcefully ravished by a
police at night. She was involved in various extra-martial affairs. The respondent police
constable, one day went to her house and demanded the intercourse. Due to her cry and
shrieks of her refusal, her husband and neighbours collected and called the police
station but the respondent alleged the women to have abused him and directed her to be
taken to police station.

A written complaint was lodged to investigate the matter, firstly for intending and
forcefully demand for intercourse and secondly for fabricating documents to falsify that
a prohibition raid was conducted in that area around the same time to defend himself.

It was decided on to the dismissal of the respondent and to show cause for his conduct.
Aggrieved by it, he approached the High Court with a writ petition. The Division Bench
quashed the impugned order of removal and held that guilt in respect of charges
framed against the petition could not be established. Aggrieved by this order, the State
of Maharashtra approached the Supreme Court by way of Special Leave Petition (SLP)
under Article 136 of the Constitution.

Judgment:
The Court allowed the appeal and set aside the order of the High Court to restore the
order of removal from service passed by the appellate authority as it was not
sustainable. The Inquiry Officer couldn’t comprehend that there could be any reason or
motive for the woman to falsely involve the respondent as contended by him. Nothing
was incriminating found from her house by the police and hence, the averments made
by the respondents do not plea to any reason to hold that there was a false implication
of the respondent in the present case. The evidence on record by the woman was not
corroborated in material particulars by independent evidence.

Ratio decidendi:

The evidence tendered at the inquiry does not support the facts as stated by the
respondent as it led to conclude two things:

 that the police jeep was not available for use by the respondent till about 8.15 pm
and that the subordinates did not accompany the respondent for the raid as he
had already left by that time., and

 when the subordinates reached the scene of occurrence, a crowd gathered the
woman’s house with the respondent standing at some distance all alone.

The evidence also discloses that when the jeep returned to the Police Station from the
so-called raid, it did not carry any prohibition articles.

Conclusion

while deciding such sensitive matters every situation is to be taken into account so that
justice is delivered in the best manner.

References:

 https://www.myadvo.in/blog/landmark-judgements-sexual-harassment-india/
 International Journal of Law Management & Humanities
 . Status of Women and Social change, By B. Sivaramayya in Journal of Indian
law institute, Vol. 25, 1983
 https://au.reachout.com/articles/what-is-sexual-
harassment#:~:text='Sexual%20harassment'%20is%20any%20form,affects%20
people%20in%20different%20ways.
 Ratanlal and Dhirajlal, “THE INDIAN PENAL CODE”