Madras High Court Calls For SOPs, Practice Directions For Masking Names & Identities Of Victims Of Mental, Emotional And Sexual Harassment

The Madras High Court recently suggested bringing in Standard Operating procedures and Practice Directions to mask the name and identities of every victim of mental, emotional, and sexual harassment in all proceedings. “We are convinced that the privacy of the parties to the litigation should be respected. It is for that purpose we had directed the Registry to place a copy of this Judgment before the Hon'ble The Chief Justice to ensure that Practice Directions are issued and a Standard Operating Protocol is formulated in matters where there are allegations of sexual or even mental and emotional harassments,” the court said. The bench of Justice CV Karthikeyan and Justice R Poornima observed that observed that the privacy of parties to a litigation should be respected and thus, in the best interest, such directions could be issued. The court suggested that when matters of such nature are filed, a practice direction could be issued ensuring that the name and identity are given in the original copy, which could be retained by the Registry in a sealed cover and the identity could be redacted in all other copies. Further, if there is a challenge to the identity of the party, a reference could be made to the original copy retained in the sealed cover. “We had put considerable thought to this aspect and one of the options which we would urge for consideration is that when matters of similar nature are filed, a Practice Direction may be issued that in the original copy, the names and identities may be given and that original copy may be retained in a sealed cover by the Registry and in every other copy, even in those circulated to the Court and also among the counsels, the names and identities are redacted. If ever, there is a challenge to the identity or a denial that the person involved is not the person drawn into litigation, then and only then should a reference be made to the original retained in the sealed cover,” the court said. The court opined that there was a need to screen the identity of the parties as there could always be a possibility that the victim would be exploited if the courts go on to hold that the allegations were baseless and the alleged perpetrator would also have to go through a torturous ordeal to erase the stigma that he/she would have attached due to the allegations. The court made the suggestions while hearing an appeal filed by a Research Scholar against the order of a single judge setting aside the order of the Internal Complaints Committee. The research scholar had raised allegations of harassment by her research Guide and made a complaint to the Registrar. Following this, upon the directions of the Registrar, the ICC was set up. The ICC held that it would be appropriate to discharge the research Guide from service on compulsory retirement and as such, the Registrar passed the order discharging him from service. The Research guide challenged the order. The single judge ruled that though there was no violation in the constitution of the ICC, the complaint was given to the registrar and not the ICC which was in violation of the rules. The single judge also ruled that there were violations of principles of natural justice and violation of provisions of the Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, POSH Act. The Research scholar submitted that minor procedural aspects would not warrant interference with the entire proceedings. It was also submitted that there could not be a determined or a rigid manner in which the enquiry could be conducted. She added that the harassment was a continuous one, and thus it could not be argued that the complaint was filed after a delay of 3 months. She also pointed out that all procedures were complied with and the research guide was given an opportunity to present his case. Though the research Guide questioned the constitution of the committee and the procedure followed during inquiry, the court was not inclined to accept the same. The court added that it could not step into the shoes of the Committee and dictate the manner in which the inquiry was to be conducted. The court thus concluded that the Research Guide was given sufficient opportunity but had deliberately chosen not to avail them. The court thus held that the single judge had erred on setting aside the findings of the ICC on technicalities. The court also held that the research scholar was entitled to costs as no young student could be viewed as an object to be crumbled at will. The court stressed that the victim's confidence had to be restored and there could be zero tolerance of any form of mental/ emotional/ sexual harassment in any university. The court thus directed the Research Guide to pay Rs 50,000 to the Research scholar for the harassment meted out to her. Counsel for the Appellant: Ms. R. Vaigai Senior Counsel for Mr. V. Ajoy Khosh Counsel for...

Madras High Court Calls For SOPs, Practice Directions For Masking Names & Identities Of Victims Of Mental, Emotional And Sexual Harassment

Upasana Sajeev

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