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Sexual harassment in India: State told to set up committee
August 30, 2004
Ahmedabad - The Gujarat High Court, in an order, has directed the State
Government, particularly the State Chief Secretary, to constitute by September
2 a Complaint Committee to look into cases of sexual harassment of females at
their workplace. The court has also directed that the panel be chaired by a
woman and include more women as members.
Justice Jayant Patel issued the directive in a petition filed by Shardaben
Kunwarji Maradia, headmistress of Delvada Kanya Vidhyalaya, near Una in
Junagadh district.
The petition contended that the State Government has not yet constituted a
complaint committee as per the direction and law laid down by the Supreme Court
in the case of Vishakha and others vs State of Rajasthan, 1997.
Taking note of the rising cases of sexual harassment of female employees by
colleagues or superiors in government and private employment, the Supreme Court
had provided a detailed complaint mechanism of a high power committee by a law
laid down under Article 141 of the Constitution of India, which is binding to
all states.
Shardaben had filed the petition following a case of sexual harassement of one
of the teachers in her school in March this year. As per the Supreme Court
directive, the head of an institution is responsible for filing a case with the
committee as the victim herself might be under mental trauma.
However, on inquiry, Shardaben realised that such a committee had not been
formed in the State, after which she filed the petition. Though the State
Government passed a resolution to constitute such a committee, the members and
chairman were not named and the committee was non-functional.
Justice Patel directed the State Government to constitute the committee on or
before September 2 and report the constitution of the panel to the High Court.
If panel is not constituted by the set deadline, the Education Department
Secretary has been asked to remain personally present before the High Court on
September 6.
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Pay
Rs 10 for sexual harassment
8-26-2004
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