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Fresh proceedings, fresh beginning- How the POSH Act paved the way for redressal for the sufferer

It is said that Rome was not built in a day.


Similarly, in a long drawn battle of sexual harassment faced by a lady BSF employee

during the course of her employment, The Delhi High Court has finally come to her rescue and has bestowed some relief to her.


The plea has been filed by a female Comd., who is a CHIEF MEDICAL OFFICER against her senior, the then DIG of the Border Security Force, for seeking redressal against the continuous sexual, mental and workplace harassment that followed after her posing to Tripura and has been continuing till date.


The High Court of Delhi, finding something amiss from her pleadings, has taken cognizance of the matter and has directed the Director General BSF to personally look into the matter and take remedial measures within 3 weeks and file a report to this court. The court has also directed that all further proceeding initiated against the lady officer to be made subject to the orders of the Hon'ble High Court of Delhi.


What’s the story?

The aggrieved, when posted in Panisagar, faced continuous sexual and workplace harassment from the then DIG who was also her immediate senior.

As per the Prevention of Sexual Harassment at Workplace Act, 2013, every organization must have a complaint mechanism in the form of ICC to look into the complaints and provide support to the victim.

However, despite several written complaints being made by the sufferer, there was no relief for her as there was no competent authority namely ICC to look into the complaint which was also against the guidelines laid down in Vishaka judgement and THE POSH Act.

In fact, on complaining she received several threats, inquiries, and notices and infact her leave applications were kept pending and no leave was granted to her even at the time of her family members having passed away due to Covid. Finally, she approached Delhi HC for relief.


What does she want?

She only wants to be transferred back to Delhi, close to her family. She is also demanding a compensation for the mental, financial and other losses she has undergone, which is the least that can be done for her.


In the wake of these situations and long battle fought by Dr. Swati Jindal Garg, an advocate-on-record in Supreme Court of India, Delhi HC has finally directed the DG, BSF to take remedial steps and send a report to the High Court within 3 weeks.

The bench headed by Hon'ble Justice Rajiv Sahai & Hon'ble Justice Amit Bansal has listed the matter for hearing on 29/09/2021.





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