Sexual harassment law: Power of IC and Landmark judgement

In the case cited, the courts have provided important clarifications regarding the powers and limitations of internal committees tasked with investigating complaints of harassment or misconduct. 

Let's elaborate on each point:

Initiation of Investigation:

In the case of Shital Prasad Sharma v. State of Rajasthan and Ors. (2018 SCC Online Raj 1676), the court clarified that an internal committee can initiate an investigation based on a complaint received from any source of authority, provided that the complainant agrees to pursue the matter with the committee. This means that the committee's jurisdiction isn't limited solely to complaints directly submitted to them but extends to complaints forwarded or received from other sources, as long as the complainant consents to the committee's involvement.

Implication:

The internal committee's role is to address complaints of harassment or misconduct regardless of the source of the complaint. It emphasizes the importance of the complainant's consent in determining the committee's jurisdiction over a particular case. The committee should ensure that the due process is followed and that the complainant's rights are protected throughout the investigation.

Subject in focus

Empowering survivors: A Holistic approach to healing from sexual harassment

Introduction:

In the aftermath of sexual harassment, survivors often face a daunting journey towards healing and empowerment. This article explores the critical importance of providing survivors with comprehensive support, encompassing psychological, and social services. Furthermore, it delves into initiatives designed to build resilience and help survivors reclaim their agency, fostering a path towards recovery and empowerment.

Psychological Support:

The psychological toll of sexual harassment can be profound, often resulting in trauma, anxiety, and depression. Empowering survivors requires a comprehensive approach that prioritizes mental well-being. Counseling services, support groups, and therapy sessions play a pivotal role in helping survivors process their experiences, manage emotional challenges, and rebuild a sense of self-worth.

Social Support:

Survivors often grapple with isolation and societal stigma. Empowerment comes through building a strong social support network that validates survivors' experiences and fosters understanding. Family, friends, and community members can contribute significantly to this support system by providing empathy, validation, and a non-judgmental space for survivors to share their stories.

Subject in focus

Empowering Survivors: A holistic approach to healing from sexual harassment 

Initiatives Focused on Building Resilience:

Beyond immediate support services, initiatives focused on building resilience are essential in the journey towards empowerment. Educational programs and workshops that equip survivors with tools to navigate challenges, rebuild confidence, and set boundaries contribute to their overall empowerment. By fostering a sense of agency, survivors can reclaim control over their lives and move towards a future free from the shadows of harassment.

Reclaiming Agency:

Empowering survivors involves helping them reclaim agency over their lives and narratives. Initiatives that encourage self-expression, such as art therapy or creative workshops, provide survivors with a platform to share their experiences on their terms. By embracing creativity and reclaiming their stories, survivors shift from being defined by their trauma to being authors of their own narratives.

Community-Based Initiatives:

Empowerment is not a solitary journey; it thrives in a community that champions resilience and healing. Community-based initiatives, including awareness campaigns and survivor-led movements, create spaces for shared experiences and collective healing. These initiatives contribute to changing societal attitudes and fostering a culture that supports survivors rather than perpetuating silence and shame.

Union of India Citation v Banani Chattopadhyay

Union of India Citation v Banani Chattopadhyay - (2022) 1 HCC (Cal) 351 Court – High Court of Calcutta.

Facts of the Case –

The petitioner, Banani Chattopadhyay, was a Deputy Manager at Hindustan Cables Ltd. (HCL). She opted for voluntary retirement on 31.01.2017 following a decision to close down the company. After retirement, she was engaged on a temporary basis as a consultant and later as an advisor. She was released from her temporary engagement on 30.04.2018. on 09.05.2018, she lodged a complaint of sexual harassment against Respondent 9 (allegedly the head of HCL), claiming the incidents began in the last quarter of 2016. An Internal Complaints Committee was constituted to investigate her complaint. The ICC submitted its report on 19.06.2018, concluding that the allegations were not proved. The petitioner filed a write petition challenging the ICC’s report and constitution.

Legal Issues:-

1. Whether the Internal Complaints Committee had jurisdiction to inquire into the complaint, or if it should have been referred to the Local Committee.

2. Whether the Internal Complaints Committee was properly constituted as per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013 .

Caselaw in focus

3. Whether the principles of natural justice were followed in the inquiry process. 

4. Whether the court can issue a writ of mandamus to reinstate the petitioner to her temporary advisory position.

Plaintiff’s Arguments:-

1. The petitioner argued that Respondent 9, being the head of HCL, was the “employer” according to the Act and therefore only the Local Committee had jurisdiction to inquire into the complaint.

2. The petitioner claimed that the Internal Complaints Committee was not constituted in accordance with Section 4(2) of the Act.

3. The petitioner alleged that the IC members were biased and not impartial due to Respondent 9’s high position in the company.

4. The petitioner argued that the principles of natural justice were violated as the petitioner did not get sufficient opportunity to prove her allegations.

Defendant’s Arguments:-

1. The respondent claimed that the writ petition had become infructuous as Respondent 9 had since retired.

2. The respondent argued that the writ petition in not maintainable, as an appeal under Section 18 of the Act lies against the recommendations of the IC.

Caselaw in focus

3. The respondent argued that HCL is a public sector enterprise managed by the Board of Directors so Respondent 9 cannot be considered the “employer” under the Act.

4. The respondent claimed that the IC was properly constituted and conducted the inquiry fairly.

Judgement Held –

The court dismissed the writ petition and held that the Board of Directors, not Respondent 9, was the “employer” under the Act. The court had held that the ICC was properly constituted and had the jurisdiction to inquire into the complaint. Further the court held that there was no violation of principles of natural justice as the petitioner was given sufficient opportunities to present her case. Lastly, the court held that it cannot issue a writ of mandamus to reinstate the petitioner to her temporary advisory position. 

Legal Principles Established:-

1. In a public sector enterprise managed by a Board of Directors, the Board is considered the “employer” under the SHWW Act, 2013.

2. The ICC has jurisdiction to inquire into sexual harassment complaints against high ranking officials who were not considered the “employer” under the Act.

3. Section 4(2) of the Act, which provides the composition of the ICC, does not required the members to be of a rank higher than the respondent in the complaint.

4. A writ of mandamus cannot be issued to reinstate an employee to a temporary position that was contractual in nature.