Friday, December 3, 2021

Service Rules on prevention of sexual harassment at workplace should not be given hyper technical interpretation: Supreme Court

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A Bench of Justices DY Chandrachud and AS Bopanna said that the existence of transformative legislation such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) may not come to the aid of persons aggrieved of sexual harassment if the appellate mechanisms turn the process into a punishment.

"It is important that courts uphold the spirit of the right against sexual harassment, which is vested in all persons as a part of their right to life and right to dignity under Article 21 of the Constitution. It is also important to be mindful of the power dynamics that are mired in sexual harassment at the workplace," 

"We implore courts to interpret service rules and statutory regulations governing the prevention of sexual harassment at the workplace in a manner that metes out procedural and substantive justice to all the parties," the Court stated.

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