Law: Protection Against Harassment of Women at Workplace Act, 2010

Section: 2(l),2(n),4(2),6(1),8

(a) Protection against Harassment of Women at the Workplace Act (IV of 2010)--- ----Ss. 2(l) & 2(n)---'Organization' and 'workplace'---Scope---Sexual harassment---Complaint filed by a student against Assistant Professor of a university---Question as to whether the student, not being an employee of the university, could file a complaint before the Ombudsperson---Held, that provisions of the Protection against Harassment of Women at the Workplace Act, 2010 ('the Act'), were fully applicable upon all the educational institutions---Any student or employee or officer of the educational institution could file a complaint for causing sexual harassment and the management was legally competent to constitute the inquiry committee to conduct the proceedings against the accused to thrash-out the truth, as envisaged under the Act. Complainant being a student had been paying fee as charges of study to the University and in lieu of said payment, University had been providing expert services of teaching. Simultaneously, the student was also undertaking intellectual and academic work in the institution, therefore, there was an indirect contract of employment between the student and a teacher through the institution, as the entire affairs of the student and teacher were being managed and controlled by the institution under certain rules and regulations. The wisdom from the definition of 'organization' provided in section 2(l) of the Protection against Harassment of Women at the Workplace Act, 2010 ('the Act') manifested that all educational institutions either controlled by the Federal Government, Provincial Government, District Government, Autonomous bodies, Semi-autonomous bodies or functioning in private capacity were entirely covered under the domain of organization as envisaged under the Act. Similarly, definition of workplace provided under section 2(n) of the Act covered all kinds of educational institutions, hence, it was not essential that student must be directly employed in said educational institution where the offence of sexual harassment had been committed. Thus, cases of the students studying in educational institution were fully covered under the canvass and…

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