38.6c New Delhi, India, Monday, July 15, 2024
Judiciary

'Misunderstanding with senior male colleagues at workplace does not constitute sexual abuse': Madras High Court

By SONAM SONKAR      01 September, 2021 12:55 PM      0 Comments
Misunderstanding with senior male colleagues

On Wednesday, 25th August, 2021 the Madras High Court passed an order that disagreements, misunderstandings with a male colleague would not constitute sexual abuse, by setting aside a Tamil Nadu Women Commission order directing Loyola College Society to pay Rupees 64.3 Lakhs to a female employee who had filed a case of sexual harassment against a former principal.

Justice N. Satish Kumar stated that no case of harassment has been made as under the provisions of the Section 3 of the Sexual Harassment Of Women At workplace Act, 2013.

“Without showing any instances leading to sexual harassment merely on the basis of some misunderstandings in the work place between superior and thereafter she was changed to some other post in a consolidate pay, every such instance cannot be termed as sexual harassment…such misunderstandings or happenings in the work place cannot be classified as sexual harassment," it added.

The court observed that the case of sexual harassment had been filed after more than one and a half years from the date of the incident of harassment.

In this case, the petitioner had been appointed as an administrator in the Loyola development office and the Alumni Association in 2010.  She served five years in that position by earning 30,000 rupees a month. Subsequently she had been appointed as secretary. However, her work was stopped on September 2014, and she was offered a sum of rupees 50,000 but she had rejected that offer.

In 2016, she had moved a writ petition in the High Court against a former principal the director of Alumni Association for sexual harassment. While the case was pending, she had approached the Commission in December and obtained an order for payment of compensation.

The court noted that in the first email sent by the petitioner dated August 21, 2013, to the respondent authorities there was no whisper whatsoever made with regard to any sexual harassment.

“On entire allegations found in this letter there is no allegation with regard to sexual harassment whatsoever,” it noted.

The court further stated that no complaint of sexual abuse had ever been created directly to the administration of the college.

The court held that personal feud between the petitioner and the accused would not constitute sexual harassment.

The court also stated while setting aside the order of the Commission that Commission cannot direct implementation of the orders to implement the order passed by the Commission.

“This Court is at loss to understand how the commission has passed such order without proper enquiry and without evidence in this regard. Such conclusion was arrived on the basis of representation made by the writ Petitioner”, it added.



Share this article:



Leave a feedback about this
TRENDING NEWS

need-to-develop-law-legal-education-in-vernacular-languages-cji
Trending Judiciary
Need to develop law, legal education in vernacular languages: CJI [Read Speech]

CJI D.Y. Chandrachud emphasizes the need for developing law and legal education in vernacular languages to make legal systems accessible to all citizens.

15 July, 2024 09:30 AM
cic-has-powers-to-set-up-benches-sc
Trending Judiciary
CIC has powers to set up benches: SC [Read Judgement]

The Supreme Court affirms CIC's authority to set up benches, emphasizing its autonomy for efficient case management under the RTI Act, overturning the 2010 Delhi HC order.

15 July, 2024 09:42 AM

TOP STORIES

journalist-soumya-vishwanathan-murder-case-sc-issues-notice-to-4-convicts-on-appeal-by-delhi-police
Trending Crime, Police And Law
Journalist Soumya Vishwanathan murder case: SC issues notice to 4 convicts on appeal by Delhi police

SC issues notice to 4 convicts in Soumya Vishwanathan murder case on Delhi police's appeal against their bail. Convicts had served over 14 years.

09 July, 2024 09:49 AM
why-indian-high-courts-still-have-old-names-despite-change-in-city-name
Trending Judiciary
Why Indian High Courts still have old names despite change in city name ? [Watch Video]

Know the reasons why Indian High Courts, like Bombay HC, Madras HC, and Calcutta HC, Allahabad HC still retain their old names despite the cities’ name changes. LawStreet Journal delves into the historical and legal context. Watch report !

09 July, 2024 09:56 AM
what-is-keir-starmer-stance-on-kashmir-issue
Trending International
What is Keir Starmer’s stance on Kashmir issue ? [Watch Video]

Under Keir Starmer, the UK's Labour Party shifts its stance on Article 370, focusing on strategic ties with India, moving from past criticisms to cooperation.

09 July, 2024 10:04 AM
ed-moves-sc-against-jharkhand-hc-order-of-bail-to-cm-hemant-soren
Trending Judiciary
ED moves SC against Jharkhand HC order of bail to CM Hemant Soren

ED moves SC against Jharkhand HC's bail order for CM Hemant Soren in a money laundering case linked to an alleged land scam.

09 July, 2024 12:14 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email