SC Orders Police Protection To Kashmiri Staff Nurse Who Complained Of Sexual Harassment

The Supreme Court today ordered grant of interim police protection to a Kashmiri staff nurse, who approached the court under Article 32 of the Constitution of India seeking police protection from those against whom she had made a complaint of sexual harassment. 

She also sought handing over of the investigation of the case to CBI. 

The woman stated that while she was working as a staff nurse in a government hospital in Jammu and Kashmir, she had to face intense sexual harassment from few of her superiors. When the harassment got unbearable, she was constrained to make a complaint. Since the accused persons were influential, the police was reluctant to register FIR. The FIR was registered only after she approached the Judicial Magistrate. 

The police however filed a closure report, upon which she filed a protest complaint before the Magistrate. Meanwhile the accused persons allegedly started to take vindictive action against her for filing the complaint. She was allegedly subjected to illegal transfers and her salary was withheld without justification. Since she was being constantly transferred, she could not attend the court proceedings, and the protest complaint got dismissed. Though the dismissal order was set aside by the sessions court in her appeal, the High Court restored the dismissal on the plea of the accused. She has filed an SLP challenging the High Court and the same is pending.

"The petitioner was denied a fair investigation, fair trial and a fair Government enquiry . The life of the petitioner is in danger and at any time she can be killed", she says in the petition filed through Advocate Wills Mathew.

The bench headed by the Chief Justice of India today issued notice to the respondents and directed grant of interim police protection to the petitioner. .