X Vs. AKADEMI

JUDGEMENT

(1.) This case traces the ordeal of a woman employed on probation at the SHH Akademi, HimiOna||CademyHf|etterS- She alleges that she was subjected to sexual harassment at the hands of its Secretary. Taking the view that the Akademi'S Internal ComplaintS Committee"ICC" lacked jurisdiction, she approached the Local Complaints Committee. "LCC" Soon thereafter, while her grievance was pending consideration, her services were abruptly terminated. The Akademi, for its part, contends that her probation ended upon an assessment of her suitability and that the discharge was in accordance with the terms of contract of employment. The present proceedings, therefore, turn on two interlinked questions: whether the LCC had exclusive jurisdiction to examine the complaint, and whether the Petitioner'S diScharge can withStand judicial Scrutiny in light of her StatuS aS a probationer. More than a service dispute, the case speaks to wider concerns of workplace dignity for women and the responsibility of institutions in addressing allegations of sexual harassment.

(2.) For ease of reference, the Complainant will hereinafter be referred to aS the "Petitioner", while the individual againSt whom the allegationS have been levelled will be referred to as the "Secretary". HHHkUm shall be referred to as the "Akademi".

(3.) The Petitioner, a native of Assam, was appointed on probation as Editor (English) in the Akademi on 15/2/2018. She states that, from the outset, her professional journey was marred by persistent sexual harassment at the hands of the Secretary. She alleges that the harassment took multiple forms, including unwelcome physical and sexual contact, sexually explicit remarks, and acts amounting to sexual assault. She further states that these advances were accompanied by threats of adverse consequences if she resisted demands for sexual favou? In addition, she contends that she was singled out and harassed on account of her ethnicity, being an Assamese woman.