NIRMAL KANTI CHAKRABORTI Vs. VANEETA PATNAIK

JUDGEMENT

(1.) The prelude to the promulgation of the Sexual Harassment on Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 would give a fair and broad aspect in relation to a subject involving the sexual harassment of a woman at a workplace. The fundamental ethos underlying the constitutional edifice is founded upon the elimination of a gender base discrimination as one of its fundamental principles and to ensure the gender equality in all respect including the right to dignity to all the women at the workplace. Several discourse across the globe on the women's right and sexual harassment at the workplace gained momentum duly recognized under Article 11 of the Convention of Elimination of All Forms of Discrimination against Women (CEDAW). It was felt to introduce a legislation to eliminate any form of discrimination against the women at the workplace and India being the signatory to such convention as a ratifying State was obligated to legislate in such field. The unprecedented and barbaric act of gang rape suffered by women at the workplace led the Supreme Court to frame a mechanism for preventing and addressing the need of woman on sexual harassment at workplace. In Vishaka and Ors. v. State of Rajasthan and Ors., reported in AIR 1997 SC 3011 with the changing mindset of the society and promotion of an education to a girl with avowed object of creating an inclusive economic development of the country as a workforce, the employment of a woman in several sectors gained momentum in employment of women. Keeping in mind the concept of equality under Article 14 and 15 of the Constitution of India prohibiting the discrimination on the ground of religion, caste, race, sex or place of birth or any of them and Article 19(1)(g) to practice any profession or to carry on any occupation, trade or business in conjunction with CEDAW as the India's commitment to the United Nations Charter in protection of women at a workplace being subject to sexual harassment, the protection and promotion of the women's constitutional right to ensure the equality in employment, the right to access justice was ensured upon promulgation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (in short POSH Act). The said Act was published in the Official Gazette on 23/4/2013 and came into force on and from 9/12/2013. The POSH Act aimed to provide not only protection against the sexual harassment of a woman at workplace but for prevention and redressal of the complaints of the sexual harassment or any matter connected therewith or incidental thereto.

(2.) Keeping in mind the broad object and purpose underlying the incorporation of the POSH Act, let us examine the case in hand on the nuances of the various provisions contained therein including the period of limitation provided for making a complaint before the Internal Complaint Committee or a Local Complaint Committee. Sexual harassment is defined in Sec. 2(n) in the following:

(3.) The definition of "Sexual Harassment" does not contain the word "mean" but the word "include" which gives the expanded definition and the eventualities included therein cannot be interpreted as exhaustive. The reason behind the same can be deciphered from Sec. 3 of the POSH Act where various circumstances were also included within the folds of a sexual harassment in the following: