MRIDU CHAUHAN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) With a view to protect women against sexual harassment at the workplace, ensuring their right to work with dignity, and giving statutory effect to the guidelines laid down by the Hon 'ble Supreme Court in "Vishaka v. State of Rajasthan "( 1997(6) SCC 241), Parliament enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the "POSH Act "). The primary objective of the POSH Act is to prevent and prohibit all forms of sexual harassment of women at the workplace by fostering a safe, secure, and dignified working environment in both the public and private sectors. The enactment seeks to uphold and protect the fundamental rights of women guaranteed under Articles 14, 15, 19(1)(g) and 21 of the Constitution of India, namely, the right to equality, non-discrimination, the right to practise any profession, and the right to life with dignity. The POSH Act casts a statutory obligation upon employers to provide a safe working environment, formulate and implement an anti-sexual harassment policy, and establish an internal redressal mechanism by constituting an Internal Complaints Committee (hereinafter referred to as the "I.C.C. "). Sec. 19 of the POSH Act, the relevant portion whereof is extracted hereinafter, enumerates the duties of the employer, including, inter alia, the obligation to provide a safe working environment at the workplace.

(2.) In order to discharge the statutory obligation, the respondent-State Bank of India (hereinafter referred to as the "Bank ") has adopted a policy titled "GARIMA ". The policy defines an "aggrieved woman " as a woman of any age, whether employed or not, who alleges having been subjected to any act of sexual harassment at the workplace. As per the scope of the Policy, sexual harassment encompasses any unwelcome acts or behaviour (whether directly or by implication), as specified therein, including, inter alia, persistent watching, following, or contacting of a person, as well as any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. The relevant portion of the Scope of the policy is reproduced hereinbelow:-

(3.) The policy further prescribes a comprehensive grievance redressal mechanism in consonance with the provisions of the POSH Act. Under the said mechanism, a specific duty is cast upon the Branch Manager/Head of Department to promptly acknowledge receipt of any complaint and, without undue delay, forward the same to the Internal Committee concerned for further inquiry, with due intimation to the Controller. The relevant portion of the grievance redressal process is represented hereunder:-