'Right To Work In A Peaceful Atmosphere A Basic Right: Administrative Lapses In Handling Sexual Harassment Complaints Can't Be Entertained': Madras High Court

The court opined that the considerable lapse of time since the institution of the complaint and the lack of finality in the matter will adversely affect the efficiency of woman employees. The efflux of time will inevitably affect them while they are continuing their work at the same place. In the case at hand, it has also caused her mental agony, the court noted.

"If so, is it not the duty of the employer to ensure an atmosphere, which is conducive for the employees to work effectively?", the court rhetorically asks by underscoring that efficiency in public administration is a constitutional mandate and the insensitivity shown in addressing the complaint in a time-bound manner will be detrimental enough to encourage sexual harassment offenders.

"Certainly, it is the duty of the employers to ensure an atmosphere for the purpose of improving the efficiency level in public administration. Efficiency in public administration is the constitutional mandate. Thus, providing mechanism including constitution of a committee in accordance with law, conducting enquiry and proceeding further by following the procedures are part of the administrative efficiency and therefore, in the event of any violation, lapses, it is to be construed that the authorities failed to comply with the constitutional perspectives and principles."

A single-judge bench of Justice S.M Subramaniam was considering a writ petition filed by a woman employee whose sexual harassment complaint has been pending before the Internal Complaints Committee (ICC) for over 7 1/2 years.

The court also unequivocally held that the right to work encompasses in itself the right to work in a peaceful atmosphere and the administration is duty-bound to ensure a better atmosphere for developing efficient administration.

"Right to work is a basic right. Right to work must include peaceful atmosphere. When a person is employed and attending the work place, it is the duty of the employer to develop a sense of security in the minds of employees, more specifically, women employees. Sense of security alone would lead to efficiency in work place and in the absence of any such security, no doubt, the employees will not be in a position to work in a better manner and the administration is also failing in its duty to provide a conducive atmosphere, more specifically to the women employees.", the court has observed in its common order.

Despite the constitution of two Internal Complaints Committees since 2013, the respondent authorities attributed the delay in taking appropriate action to the non-consonance in the constitution of second committee with Section 4 of the Sexual Harassment Act. The respondent authorities, including Bhabha Atomic Research Centre, contended that if they were to proceed/initiate action based on the report of the Second Committee, any action so taken is likely to be set aside upon a challenge from the alleged harasser. Previously, in 2013, the second Internal Complaints Committee had come to the conclusion in their report that the guilt of the accused was proved. The first ICC, though constituted in 2013, failed to submit an enquiry report.

Although dissatisfied with the pendency of proceedings and convinced by the enquiry report of the Second Committee, the submission of the respondent authorities was accepted and the court allowed the constitution of a third internal complaints committee whose functioning would be subject to a strict timeline.

The court has issued the following directions with respect to the new Internal Complaints Committee and other proceedings:

• The new committee will be constituted in adherence to Section 4 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, within a period of one week from the date of receipt of a copy of the order.
• The NGO, that would be a mandatory member of ICC under Section 4, must be appointed preferably outside from Kalpakkam
• The new committee to be constituted by Bhabha Atomic Research Centre can utilize the evidence already considered by the previous Committee, allow the parties to make their case and consider any additional evidence
• The Committee constituted under the aegis of the respondent authority's legal obligations has been directed to conclude the enquiry and submit a final report within a period of six weeks from the date of the receipt of the order copy.
• Once the enquiry reports are received, Union of India, Director and Women Cell Chairperson of Atomic Research Centre, Kalpakkam is expected to initiate proceedings under criminal law as well as service laws based on the report in a swift manner.

The petitioner woman employee had approached the High Court alleging administrative bias in dealing with such complaints. She argued that the constitution of third committee must be set aside and action must be taken based on the report submitted by the 2nd committee. The counsel for the petitioner also expressed the client's dissatisfaction in prolonging the process indefinitely.

Case No: W.P.Nos.6995/2014, 27067 & 27068/ 2013 & M.P.Nos.2/ 2014, 1& 2/ 2013