A complaint preferred with the imputation of misconduct/misbehaviour involving sexual harassment shall be placed before the complaints committee and not before the disciplinary authority: Kerala High Court

A complaint preferred with the imputation of misconduct/misbehaviour involving sexual harassment shall be placed before the complaints committee and not before the disciplinary authority: Kerala High Court

Citation: Union of India Vs. S. Jaitha and Ors. (Kerala High Court WP 9695 of 2008)

Highlights:

It was held in this case that when a petition is brought before the committee, it must proceed with their enquiry, and the proceedings so conducted, were not to be intercepted.

Facts:

The Petitioner had approached the committee with a complaint of sexual harassment. The Respondent challenged the complaint on the ground that the complaint was frivolous and the validity of the same was to be decided by the Disciplinary Authority. The key issue for the Court to note, was whether the disciplinary authority had any say over a complaint of sexual harassment which had been brought before the Complaints Committee under the Sexual Harassment of Women at Workplace Act, 2013.

Judgement:

The Court held that after the commencement of the Sexual Harassment of Women at Workplace Act, any complaint received regarding a misconduct of sexual harassment shall be dealt with according to the provisions of the Act/ Rules.

Rationale:

Where a complaint is preferred with imputation of misconduct involving sexual harassment, it is to be presided over by the complaints committee under the Sexual Harassment of Women at Workplace Act, and it is not for the Disciplinary Authority to formulate an opinion as to whether or not sufficient grounds exist for a complaint.

The above insights are a product of our learning from our advisory work at Ungender. Our Team specialises in advising workplaces on gender centric laws.

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