Skip to main content

Posh law in India : Shanta Kumar v Council of Scientific and Industrial Research

Shanta Kumar v Council of Scientific and Industrial Research (CSIR)

Facts of the Case

The petitioner, Mrs. Shanta Kumar, filed a petition challenging the proceedings of a Complaint Committee and the subsequent order by the Disciplinary Authority. The case involved allegations of sexual harassment made by the petitioner against respondent no. 3 (Dr. Sunil Bose) at the Central Road Research Institute (CRRI). The main incident in question occurred on 29.04.2005, where the petitioner alleged that respondent no.3 entered the laboratory, stopped a machine, snatched samples from her, pushed her out and locked the laboratory. Initially the complaint did not explicitly mention sexual harassment, but later the petitioner claimed that she had been subjected to “all kinds of harassment including sexual harassment”. A complaint committee was formed to investigate the allegations and it concluded that the complaint was not of sexual harassment but a case of altercation in an uncongenial work environment.

The Disciplinary Authority accepted the Committee’s report and exonerated respondent 3 of sexual harassment charges.

Caselaw in focus

Legal Issues:-

1. Whether the Complaint Committee was properly constituted as per the government guidelines

2. Whether the appointment of an ad hoc Disciplinary Authority was justified

3. Whether the Complaint Committee’s report and the Disciplinary Authority’s order lacked application of mind

4. Whether the incident constituted sexual harassment as defined by law.

Plaintiff’s Arguments:-

1. The petitioner argued that the complaint committee was not constituted in accordance with government instruction as most members were subordinate to respondent no.

2. The petitioner further argued that an ad hoc Disciplinary Authority was appointed unnecessarily to exonerate the respondent.

3. The petitioner alleged that the Complaint Committee’s report and the Disciplinary Authority’s order lacked application of mind.

4. The petitioner argued that the physical contact admitted by the Committee should have been sufficient to establish sexual harassment.

Defendant’s Arguments:-

1. The respondent argued that the complaint committee was properly constituted with members of appropriate rank.

2. The respondent further argued that the ad hoc Disciplinary Authority was appointed due to administrative reasons and not to favor respondent.

3. The respondent claimed that the Complaint Committee and Disciplinary Authority had thoroughly examined the evidence and reached a reasoned conclusion.

Caselaw in focus

Defendant’s Arguments:-

4. The respondent argued that the physical contact was not sexually determined behavior and thus did not constitute sexual harassment.

Judgement Held –

The court found no merit in the petitioner’s arguments and dismissed the petition. It held that the Complaint Committee and Disciplinary Authority had applied their minds properly in concluding that the incident did not constitute sexual harassment and their decision was not perverse or without basis.

Legal Principles Established:-

1. Physical contact or advances constitute sexual harassment only if they are part of sexually determined behavior. Accidental or non-sexual physical contact does not amount to sexual harassment.

2. The definition of sexual harassment includes unwelcome sexually determined behavior as outlined in the Vishaka guidelines and as according to the SHWW Act 2013.

3. A complaint committee for sexual harassment cases should be headed by an officer sufficiently higher in rank to ensure credibility of investigations.

Labels

Labels:

Comments

Post a Comment

Popular posts from this blog

Posh in Higher Education Institutions in India

On July 25, 2022, an Odisha college student accused the school's physics instructor of rape and sexual harassment. The accused lecturer, who was the institution's reader, had also held the role of NCC officer in the Naval wing. Despite the female student coming to the institute with a formal complaint, the school's internal committee did not discover any proof of the claims she claimed. The probe didn't start until the Higher Education Department became aware of the situation. A Presidency University student from Kolkata filed a formal complaint with the internal committee of the university accusing Mahitosh Mandal, the former head of the department, of sexual harassment on July 17, 2022. It is believed that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is essential for protecting female employees from sexual harassment at the workplace. It is significant to highlight that educational institutions play a significant role...
Post a Comment
Read more

The POSH (Prevention of Sexual Harassment) Act 2013 and the existing sections of the Indian Penal Code (IPC) Relationship

The POSH (Prevention of Sexual Harassment) Act 2013 and the existing sections of the Indian Penal Code (IPC) dealing with sexual harassment serve different purposes and have different legal frameworks. Here's a comparative overview of the two: 1. Purpose and Scope: • POSH Act 2013: This Act is specifically designed to address and prevent sexual harassment at workplaces. It defines sexual harassment, mandates the establishment of Internal Complaints Committees (ICCs) in organizations, and provides a structured process for filing and resolving complaints within the workplace. • IPC Sections on Sexual Harassment: The IPC contains various sections that deal with sexual offenses, but they are not specific to workplace harassment. These sections cover a wider range of sexual offenses, including rape (Section 375), outraging the modesty of a woman (Section 354), and others. These sections are applicable in general, non-workplace settings. 2. Applicability: • POSH Act 2013: Appl...
Post a Comment
Read more

Redefining Boundaries: The Impact of Remote Work on POSH Implementation.

The global shift towards remote and hybrid work models, accelerated by the COVID-19 pandemic, has fundamentally altered the landscape of workplace interactions. This transformation has inevitably affected the implementation of the Prevention of Sexual Harassment ( POSH ) Act in India. As the lines between professional and personal spaces blur in virtual environments, organizations face new challenges in ensuring compliance with POSH guidelines and maintaining safe, respectful work cultures. The Changing Nature of Workplace Harassment in Remote Settings New Forms of Harassment The virtual workplace has given rise to novel forms of harassment: 1. Cyber Sexual Harassment: Inappropriate messages, images, or videos shared through digital platforms. 2. Virtual Stalking: Excessive monitoring or unwanted attention through online channels. 3. Zoom-bombing: Intrusion into video calls with offensive content or behavior. 4. Inappropriate Virtual Backgrounds: Use of suggestive or offensive ...
Post a Comment
Read more