Sexual Harassment at Workplace Act deals with Complaint by Woman at Work Place Only

D B Singh Vs State of Jammu and Kashmir and anr

Jammu and Kashmir HC, Jammu Bench

01/02/2019

CRMC No.620/2018 & IA No.2/2018

About/from the judgment:

Ranbir Penal Code - Provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 are not in derogation of the provisions or any other law for the time being in force, including that of RPC.

 

Offences against women under penal code deal with all types of women whether employed or not. But Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, deals with complaint by woman at work place only. One of the duties of the employer provided by Section 19 is that Every employer shall- (i) treat sexual harassment as a misconduct under the service rules and initiate action for such misconduct. Accordingly, it must be held that the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 are to be construed widely to give effect to the object and purpose of the Act. In terms of section 28 of this Act, the provisions of the Act are in addition to and are not in derogation of any other law in force. While legislating this Act, framer of Act is aware of the provisions of the penal law and this Act and the consequential remedy available under the Act provides the additional remedy. Having due regard to the scheme of the Act and purpose sought to be achieved to protect the interest of the women at work place better, the provisions are to be interpreted broadly, positively and purposefully in the context of the present case to give meaning to additional/ extended jurisdiction, particularly when Section 28 seeks to provide remedy under the Act in addition to other remedies provided under other Acts unless there is a clear bar.

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