Delhi HC upholds case against officer, slams ‘masculine mindsets’ at work

A bench of justice Neena Bansal Krishna, in her August 28 verdict, released on Monday, said that education nor high office shields women from sexual harassment

Sexual harassment at the workplace, despite strict laws and repeated assertions about gender equality, remains deeply rooted in societal attitudes, the Delhi high court observed while upholding a trial court’s decision to take cognisance of a complaint filed by a Kashmiri Administrative Service officer against her superior.

In her complaint, the officer alleged that while serving as manager at J&K RC, her senior attempted to get physically close without consent, made sexually suggestive remarks, and commented on her appearance, clothing, and lipstick. (Representational image)

Terming the case as a glaring example of a wronged woman’s struggle in her workplace to get justice, a bench of Justice Neena Bansal Krishna, in her August 28 verdict, released on Monday, said that education nor high office shields women from sexual harassment. The bench lamented that male mindsets continue to undermine the promise of safe workplaces.

The order came on a plea by a male officer, then serving as additional resident commissioner in Jammu & Kashmir’s Resident Commission (J&K RC) in Delhi, challenging a 2018 trial court order taking cognisance of the woman officer’s FIR. This was despite Delhi Police filing a closure report.

In her complaint, the officer alleged that while serving as manager at J&K RC, her senior attempted to get physically close without consent, made sexually suggestive remarks, and commented on her appearance, clothing, and lipstick. The FIR invoked sections 354A (sexual harassment), 506 (criminal intimidation), and 509 (outraging a woman’s modesty) of the IPC.

The accused argued before the HC that he shared a “cordial relationship” with the complainant, who often praised his efficiency. He relied on a disciplinary enquiry and Internal Complaints Committee (ICC) findings under the POSH Act that had not substantiated her allegations, claiming the complaint was motivated by her fear of transfer.

The woman, however, countered that the FIR was registered only after court directions, stressing that her senior was influential. She alleged that when she first approached police, a senior officer suggested she seek a transfer instead of pursuing the case.

Rejecting the man’s plea, justice Krishna ruled that the woman’s specific allegations could not be dismissed as motivated without trial.

“This case is a reflection of society, where despite stringent legislation and repeated lamentation about gender neutrality and equality to provide safe work environment, the psychology and mindset of the men in workplace where sexual harassment continues to haunt the women… has remained unchanged,” the court said.

The court clarified that findings of a departmental enquiry or ICC have no binding effect in criminal proceedings. “Mere exoneration in a departmental enquiry cannot be a ground for discharging a person accused of sexual harassment,” the judgment held.

Calling the case a mirror of society, the court remarked: “Safe work environment, with respect, dignity and decency, are fundamental to gender equality. Yet, workplace challenges are resisted by ‘masculine strategists’ who justify their acts and attitudes with specious reasons.”