SC Orders Fresh Probe, Imposes Fine Of Rs 50,000 On Army-Run School For Ignoring ’97 Ruling :Army inaction on sexual abuse draws flak

The Army has been slammed by the Supreme Court for not following its landmark judgment mandating setting up of committees at workplaces to look into women employees’ sexual harassment complaints.

The rap came in a case relating to a lady principal in an Army Public School (APS), Pithoragarh. She was allegedly shown the door immediately after accusing a senior army officer of sexual harassment. Stricturing the Army for the lapse, a bench comprising Justices S B Sinha and Cyriac Joseph ordered a fresh inquiry into her complaint.

The bench said: ‘‘It is a matter of great regret that the Army which is a disciplined organisation failed to provide a complaint mechanism and ignored the decision of this court which was bound to be given effect to in terms of Article 144 of the Constitution of India.’’

For its lapse in not putting in place the committee to look into sexual harassment complaints, it imposed a cost of Rs 50,000 on the APS which would be paid to the principal to cover cost on litigation. The prestigious Gen B C Joshi Army Public School, Pithoragarh, run by the Army Welfare Education Society ran into trouble for sacking its principal few days after she levelled sexual harassment charges against a serving colonel, who was also the deputy chairman of the school management committee.

The bench was surprised to find that her complaints, instead of being looked into, were brushed aside by the authorities. This led to its adverse comments against Army for failing to put in place the mandatory inquiry mechanism to deal with sexual harassment charges, as was directed in the SC’s famous Vishakha case judgment in 1997.

To deal with complaints of sexual harassment at workplace, the apex court had ordered every organisation to constitute a committee headed by a woman to inquire into such allegations. Prior to this, there was no such redressal mechanism and the judgment is still the law of the land as Parliament has not yet enacted a law on this issue.

After hearing the APS management and the sacked principal, the Bench asked the Uttarakhand high court to appoint a three-member committee headed by a woman to inquire into the sexual harassment charges of the lady who allegedly faced the music for bringing to the notice of the management an objectionable love letter written by the colonel. ‘‘In the event, it is found that the writ petitioner (the principal) was subjected to sexual harassment, the report thereof may be sent to the Army authorities for initiation of disciplinary action against the Colonel and the chairman of the Army School on the basis thereof,’’ said Justice Sinha, writing the judgment for the bench.
Source:-The Times of India Delhi 2 January 2009 2008 P.12For any query:- legalpoint@aol.in