BENCH AT INDORE
Writ Petition No.22317 of 2017
Introduction
Despite several efforts of a woman approaching her employer with the complaint several times an aggrieved woman who was affected by the incidents of sexual harassment was ignored and consequentially, both the penalty award to the respondent and compensation granted to the aggrieved woman increased. As “sexual harassment” is a cause of concern for its universalization and outcome of unfavourable conditions in the workplace. Where the right to work with dignity and safeguard against sexual harassment is a form of gender discrimination against women and working in an environment with protection against sexual harassment is a human right. The Convention of the Elimination of all Forms of Discrimination against Women (CEDAW) has adopted intentional standards concerning sexual harassment at the workplace under various Articles with hallmarks of basic human rights.
Facts of the Case
The petitioner is Global Health Private Limited which owns Medanta Super Specialty Hospital, Indore. It challenged the legality and validity of the impugned order. Ms Anjali Singh Thakur worked as a senior manager of marketing at Medanta Indore and claimed that the actions, misdeeds, and conduct of her direct superior officer, Dr Gowrinath Mandiga, the medical superintendent/manager, has hindered her job and created an impending and hostile atmosphere. Her persistent appeals for protection and assistance against the harassment and humiliation by the higher authorities, including the Managing Director, were ignored. Since the hospital lacked an internal committee of its own, the complaint was made to the Women Welfare Section of the Ministry of Women & Child Development, Government of India, and was later referred to the Local Committee. The Local Committee carried out an investigation and ordered Medical Superintendent to face disciplinary action and directed the hospital to pay a fine of Rs. 50,000 for neglecting to form an internal committee. Later the Hospital, in response, filed a petition in this High Court challenging the order of the Local Committee.
Observation of the Court
The case of Vishaka and others v. State of Rajasthan and others, (1997) deals with the brutal gang rape of a social worker who was involved in spreading awareness to end child marriage in Rajasthan. The Honorable Supreme Court, in this case, decided to take advantage of this opportunity to provide protection for women who are subjected to sexual harassment and exploitation at the workplace at the hands of male employees, who are contravening gender equality with their influence and power and making women vulnerable class of victims. After seeing a rise in the exploitation of women, the HC decided that the POSH Act was designed for social welfare.
In the present case, the Hospital said that they intended to refer the complaint to an Employee Grievance Committee. It was noted that no enquiry report was given by the Hospital in the discussions recorded during the Local Committee's investigation. No complaint of a breach of the natural justice principles brought by the hospital or medical superintendent had been taken into consideration. Furthermore, the Hospital did not had its own internal committee.
The court issued the following direction-
The complainant is entitled to compensation of Rs. 25, 00,000 for her pain and suffering, loss of reputation, emotional distress, and financial loss over 18 months due to circumstances beyond her control that prevented her from living in dignity and prevented the payment of EPF and other financial obligations. If the complaint does not get this compensation within 8 weeks, it will accrue interest at the rate of 9% per year. The Hospital is required to produce a character and experience certificate for the time she worked there without reflecting negatively on her reputation, and the hospital is also required to pay a fine of Rs. 50,000 because there is no Internal Committee.
Conclusion
The significance of establishing an Internal Committee under the POSH Act's stipulations is reiterated. According to the POSH Act's stipulations, failing to form the Internal Committee carries a penalty of Rs. 50,000. The law currently does not specify the sum of money that must be paid to a victim in compensation. But from this precedent-setting decision, the High Court has given the victim a reasonably high compensation award of Rs. 25, 00,000 for their pain and suffering, loss of reputation, mental anguish, and financial loss. This emphasizes how crucial it is to create and preserve a safe working environment.
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