In an order
pronounced on January 16, 2014 in a case titled Swatanter Kumar vs The Indian Express Ltd. & Ors (I.A. No.723/2014 in CS(OS) No.102/2014), the
Delhi High Court vide para 57 opined that in view of the recent stringent provisions
incorporated in the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013, which provides for a mechanism of dealing
with the cases of sexual harassment, strict view would have to be applied equally to both the
sides, i.e. complainant as well as alleged accused specially in cases where the
complaint is filed after the lapse of long period. The Hon’ble Court further lamented
that there should be a limitation of time for the purpose of filing of such
complaints, otherwise no one would know when the complaint ought to have been
filed and decided. Thus, a balanced approach has to be taken, particularly, in
these types of matters.
It is brought out that said Act of 2013
takes care of both the above counts highlighted by the Court. Section 9
thereof, stipulates the time period of three months from the date of incident
further extendable up to three more months if the circumstances were such which
prevented the woman from filing a complaint within said period. Further,
Section 14 thereof provides for punishment for false or malicious complaint and
false evidence.
However, it is noteworthy that whereas
the alleged incident occurred in May 2011, the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013 passed in February
2013 came into force from December 9, 2013. Moreover, notwithstanding its own
binding guidelines of the Vishakha case (1997), the Supreme Court did not have a mechanism to receive such
complaints in 2011.
Dr. Rajender Goyal,
Advocate, Bahadurgarh
Posts
