Law: Protection Against Harassment of Women At The Workplace Act, 2010

Section: 2(l),(n),(h)

(a) Protection against Harassment of Women at the Workplace Act (IV of 2010)--- ---Ss. 2(l), (n) & (h)---Educational institution/University---Sexual harassment of female student---Applicability of Protection against Harassment of Women at the Workplace Act, 2010---Scope---University being an educational institution was an organization within the meaning of S.2(l) of Protection against Harassment of Women at the Workplace Act, 2010---Sexual harassment as defined in the said Act was not in any way limited in its application to the employees of an organization---Female student, who was part of a University could not be deprived of the remedy provided by Protection against Harassment of Women at the Workplace Act, 2010 if she was sexually harassed. (b) Protection against Harassment of Women at the Workplace Act (IV of 2010)--- ---Ss. 2(h) & (l)---Sexual harassment of a University student---Appreciation of evidence---Accused, who was a lecturer at the University, allegedly asked for sexual favours from the victim/student, promising to pass her in an examination in return---Accused also allegedly made phone calls to the victim and insisted upon her to meet him at his office---Inquiry committee of the University found the accused guilty of sexually harassing the victim and recommended his termination, which recommendation was accepted by the University---Contentions of accused were that Protection against Harassment of Women at the Workplace Act, 2010 was not applicable to educational institutions; that under the said Act only an employee of an institution could file a complaint against her employer for harassing her at the workplace, that victim had made a complaint against him just to pressurize him to grant her more marks, and that he was not given an opportunity to cross-examine the victim---Validity---University being an educational institution was an organization within the meaning of S.2(l) of Protection against Harassment of Women at the Workplace Act, 2010---Victim, who was part of the University could not be deprived of the remedy provided by the said Act if she was sexually harassed---Victim had not made the complaint to pressurize the accused,…

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