Workplace Sexual Harassment Must Be Treated Seriously, Asserts Supreme Court

07-11-2023 : The Supreme Court has reaffirmed the importance of taking sexual harassment at the workplace seriously and quashed a Gauhati High Court verdict that had set aside a penalty order in a sexual harassment case. In its observations, the Supreme Court emphasized the pervasive and deeply rooted issue of sexual harassment worldwide and India’s commitment to address it through legal means.

A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra made these observations while allowing the central government’s appeal against the 2019 judgment of the high court. The high court’s judgment had restored full pension to a retired officer of the Service Selection Board (SSB) who was accused of sexual harassment by a female subordinate. The penalty imposed on the retired officer was withholding 50% of his pension indefinitely.

The Supreme Court stated that the high court had committed a serious error in passing the judgment and set it aside. While restoring the penalty, the court clarified that the Centre would not recover any amount already paid to the retired officer.

The bench emphasized that sexual harassment at the workplace should be viewed seriously and that the harasser should not be allowed to escape legal consequences. The court acknowledged that sexual harassment can be humiliating and frustrating for the victim, particularly when the harasser goes unpunished or faces only minor penalties.

The case involved an employee, Dilip Paul, who had allegedly harassed a woman working as a field assistant under him. The woman had initially lodged a complaint of sexual harassment with the Inspector General, Frontier Headquarters, Guwahati.