Sexual harassment: HC seeks clarity on issues involved

THE BENCH ASKED IF SUCH “MISCONDUCT” AGAINST WOMEN EMPLOYEES, OFTEN GETS PASSED OFF AS “MODERN WORK CULTURE”

MUMBAI: A Mulund resident employed with a central government institution approached the Bombay High Court seeking action against her superior for sexually harassing her several times between 2011 and 2013. In her complaint, the woman had said that the first such incident had occurred in 2011, when her superior “came from behind and held her shoulder” when she was coming out of his office.

A few months later, the woman and her colleagues were being photographed at an office party at a five star hotel in Bandra Kurla Complex and the superior urged her to “stand next to him” and then “tried to touch her chest”.

The petition, which could possibly open a debate on what constitutes sexual harassment at workplace, saw the division bench led by Justice VM Kanade ask if such “misconduct”, especially against women employees, that should be acknowledged as sexual harassment, often gets passed off as “modern work culture,” and “contemporary attitude”.

While the bench observed that it was “apparent” that the woman had been harassed, and that the misconduct meted out to her could “not be defended,” it asked if “in today’s modern world, a practical view must be taken. And if men and women have to work shoulder to shoulder, then should every issue” be red flagged.

It went on to say that such “uncouth behaviour” by male employees was “common in North India.”

The bench has now asked both parties in the case to compile their respective arguments and also submit citations of previous relevant judgments of the Supreme Court .

The woman had approached the court after the internal committee at her workplace ruled that while the incidents that she had reported did show that she had been ‘inconvenienced,’ the same did not amount to ‘sexual harassment’ as such.

The complainant said that between the years 2011 and 2013, the man made several sexual advances at her and when she began to openly spurn his advances, he resorted to threatening her professional growth, insulting and humiliating her in front of other employees.

He also isolated her by asking others to not talk to her.

The man, she said, also had a “habit of making derogatory comments about other women employees, and would often openly discusshowsomewoman or the other had got her way around at the workplace by sleeping around, and would call them names.”

When she finally complained to the company’s CEO, an internal inquiry committee ruled that the harassment was not sexual. The report said that the man had accepted he had touched her, but, it was only her shoulders after all and not any other body part.

The committee warned all male employees against trying to touch their women colleagues.

However, the woman moved court urging that irrespective of the punishment, it was important to identify his conduct as wrong and as sexual harassment. MUMBAI: Your favourite tourist destination, Goa, just got a little closer — it will soon take you around 10 and a half hours to reach there with the Railways announcing the Tejas train between CST and Goa’s Karmali

Though the train has been included in the western zone timetable of Indian Railways that will be effective from Satur day, the date from when it will be operational will be declared later.

Railway Minister Suresh Prabhu had announced the Superfast Tejas trains in the 2016-17 railway budget. The train will have on board entertain ment facilities and Wi-fi, said sources. The train will take pas sengers to Goa from Mumbai in 10 hours 40 minutes, as com pared to the other direct trains which take 11 to 12.5 hours.

The train will depart from CST at 0.20 am and reach Karmali at 11 am. While return ing, it will leave from Karmali at 12.20pm and reach CST at 10.45pm taking 10 hours 25 minutes.

It will run on five days of the week and halt at seven stations