Sexual harassment is a problem faced by various countries. It is the exercise of unwelcome sexually determine behaviour against the women either directly or indirectly. The behaviour is offensive, intimidating and humiliating against the women in the society that deprived them of the right of equality based on discrimination practices against the women in the society. Sexual harassment violates women’s fundamental rights and the right to live with dignity.
Sexual harassment in the workplace is exercised against the women and the law is silent upon it till the case of Vishaka vs. Union of India came into action. This case is recorded as a landmark case for activating the judiciary to take action against such crime committed against women at the workplace which violates their right to live with dignity at the workplace.
The certain guidelines were given by the Supreme Court related to the safety of the women at a workplace which helps them to live them with dignity. The employer has to deliver security to every woman employee. The strict law and regulations should be made by the government to prohibit sexual harassment at a workplace like any such act of the wrongdoer bring disciplinary action and criminal proceedings against him.
Brief Facts
The women were appointed as junior court assitant in May 2014 and later nominated to justice Ranjan Gogoi’s Court in 2016 where another junior assistant was on leave. She filed the complaint in May 2019 against former CJI Justice Ranjan Gogoi alleging him for victimization and unwelcome behaviour with her at his residential office. After the filing of Complaint, she has been terminated from her service after multiple transfers and on a ground of unauthorized leave.
The women staff alleged that her husband and brother in law were also terminated from his service who were the constables at Delhi police after the filing of the complaint by her against the CJI. The inquiry committee headed by Justice A.k Patnaik was set up against the CJI and no substance was found against her charges, made CJI get clean chits from the allegation.
The complainant immediately withdraws from the proceedings stating that the proceeding was not done fairly. She also raised the concern that she was not provided with a copy of the committee report headed by A.K Patnaik. She alleges that a false bribery case was raised against her related to providing a job in the supreme court after taking the sum of 10 lakhs and 50,000 were already taken by her. Later on, the complainant said that he does not want to pursue any legal proceeding against the woman.
Order
The woman who alleged for sexual harassment against Justice Ranjan Gogoi is reinstituted to her work as all the arrears related to her duty gets cleared. She was reinstituted from the time she was terminated from his service and before reporting to her work she immediately goes for maternity leave. She was reinstituted to her previous position of Junior assistant II and provided with salary from the period of her termination and all the charges which are pending against her were dismissed. Her husband and brother in law were also reinstituted to their services.
Edited by Vartika Gajendra Singh
Approved & Published – Sakshi Raje
