Sexual Harassment Does Not Necessarily Have To Be Man V. Woman- High Court Of Calcutta
Judgement Given On : 19/03/2021
The High Court of Calcutta recently issued a pivotal legal clarification concerning the ambit of sexual harassment complaints under the Prevention of Sexual Harassment (PoSH) Act, 2013 in the case of Malabika Bhattacharjee v. Internal Complaints Committee, Vivekananda College and Ors. 2021(1) SCT 431 (Calcutta). This landmark judgment definitively establishes the maintainability of complaints filed by individuals of the same gender against alleged perpetrators under the PoSH Act, marking a significant legal precedent in this domain.
In its meticulous analysis, the court underscored a fundamental tenet: the PoSH Act, a seminal legislative framework designed to combat and rectify workplace sexual harassment, conspicuously lacks any stipulation that expressly restricts the gender of either the complainant or the respondent. The court’s scrutiny revealed that the statutory language of the PoSH Act does not erect any barriers to the registration and investigation of complaints involving individuals of the same gender. It emphasizes that the PoSH Act is unequivocally committed to safeguarding the modesty and dignity of individuals without any form of gender-based discrimination. In this vein, it recognizes that a person of the same gender can indeed perpetrate acts constituting sexual harassment, thus necessitating legal recourse for the aggrieved party.
Furthermore, the court astutely observed the evolving sociocultural landscape of India, acknowledging that while it may initially seem unconventional for individuals of the same gender to file complaints of sexual harassment against one another, such occurrences are by no means implausible. The court astutely recognized the dynamic nature of Indian society, exemplified by ongoing debates regarding the potential legalization of same-gender marriages. This observation underscores the court’s responsiveness to societal evolution and its commitment to ensuring that legal mechanisms, such as the PoSH Act, remain adaptable to changing norms and perceptions.
It is crucial to underscore that the PoSH Act, in alignment with the constitutional principles enshrined in the Indian Constitution, notably Article 15(1), which unequivocally prohibits discrimination on the grounds of sex, has played a pivotal role in addressing and remedying the scourge of workplace sexual harassment. By upholding the right to equality, the PoSH Act provides a robust legal framework for addressing grievances related to sexual harassment, transcending gender boundaries.
In summation, the High Court of Calcutta’s authoritative pronouncement stands as a commendable reaffirmation of the gender-neutral character of the PoSH Act. It underscores the Act’s unwavering commitment to eradicating sexual harassment and fostering a workplace environment characterized by fairness and dignity for all individuals, regardless of gender. Furthermore, the court’s recognition of evolving societal dynamics and its harmonization with ongoing debates on same-gender marriages exemplify the judiciary’s role in interpreting and applying the law in a manner that mirrors the contemporary ethos of the nation while steadfastly upholding constitutional values and principles.