Sexual harassment at workplace is affront to rights of woman: Supreme Court

Sexual harassment at workplace is an "affront" to fundamental rights of a woman to equality, her right to live with dignity and to practice any profession or carry out any occupation, Supreme Court has said.

apex court observed this while upholding verdict of Madhya Pradesh High Court which had quashed an order of transfer of a woman bank employee who had levelled allegations of sexual harassment against her senior officer.

A bench of Justices D Y Chandrachud and Ajay Rastogi said Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted to provide protection against sexual harassment of women at workplace as well as for prevention and redressal of such complaints.

"Sexual harassment at workplace is an affront to fundamental rights of a woman to equality under Articles 14 and 15 and her right to live with dignity under Article 21 of Constitution as well as her right to practice any profession or to carry on any occupation, trade or business," bench said in its judgement delivered on February 25.

bench said material placed before it indicated that woman officer, during her posting at Indore branch of bank, had written repeated communications to authorities drawing ir attention to serious irregularities in maintenance of accounts of liquor contractors and had levelled specific allegations of corruption.

"re can be manner of doubt that respondent (woman officer) has been victimized. Her reports of irregularities in branch met with a reprisal. She was transferred out and sent to a branch which was expected to be occupied by a scale-I officer," bench said.

"This is symptomatic of a carrot and stick policy adopted to suborn dignity of a woman who is aggrieved by unfair treatment at her workplace. law cant countenance this. order of transfer was an act of unfair treatment and is vitiated by malafides," it said.

top court ted in its judgement that woman officer had t participated in proceedings before Internal Complaints Committee (ICC) of bank, which dealt with her allegations of sexual harassment, and re was a fundamental defect in constitution of ICC.

READ | Eyewitness Report Submitted In Supreme Court Ahead Of Hearing On Delhi Riots

counsel appearing for bank had argued before apex court that ICC, upon enquiring into complaint of sexual harassment, had found that re was substance in those allegations.

Referring to provisions of Act, bench ted that one member of ICC has to be drawn from amongst a n-governmental organization or association committed to cause of women or a person familiar with issues relating to sexual harassment.

apex court said re was justification on part of bank t to accede to woman officer's request for replacing one of members of ICC with a truly independent third party having regard to provisions of Act.

woman was appointed as a probationary officer in bank in October 1998 and was later promoted to post of Chief Manr in scale-IV.

In December 2017, she was transferred from Indore branch to Sarsawa in Jabalpur district. She had submitted a representation to authorities and made a request for being retained at Indore.

She had said that as branch manr at Indore branch, she had reported about lapses, such as existence of duplicate bank guarantee registers, to her superior officers.

woman officer had alleged that one of her senior officers used to call her at late hours at home to discuss business which was t of urgent nature.

"In view of above analysis, we are of view that high court cant be faulted in coming to conclusion that transfer of respondent (woman officer), who was holding office of chief manr in scale-IV in Indore branch to branch at Sarsawa in district of Jabalpur was required to be interfered with," bench said.

bench directed that woman officer be re-posted at Indore branch for a period of one year.

"Upon expiry of period of one year, if any administrative exigency arises competent authority of bank would be at liberty to take an appropriate decision in regard to her place of posting independently in accordance with law keeping in view relevant rules and regulations of bank, in interest of fair treatment to officer," it said.

top court, while affirming March 2019 verdict of high court, disposed off appeal filed by bank.

READ | Supreme Court Takes te Of Contaminated Water Supply In Shimla

READ | Adoption Valid Only If re Is Proof Of Adoption Ceremony & Wife's Consent: Supreme Court