'Women Don't Require Our Charity But Dignity': Supreme Court Judge N Kotiswar Singh On Sexual Harassment Of Women At Workplace

Talking on the issue of sexual harassment of women at workplace, Supreme Court judge, Justice N Kotiswar Singh, on Thursday said that women do not require charity and that it is “our solemn obligation” to ensure their dignity.

The judge said that it is important for men at workplace to understand what makes a female counterpart uncomfortable, either with the use of certain words or acts.

“We have to learn to respect any discomfort expressed by the women by resorting to appropriate behavior, which may include maintaining appropriate physical distance, avoiding using certain words and expressions, which has been already clearly mentioned in the [POSH] Act,” the judge said.

“It is also equally important for men folk to extend their help and cooperation to the women whenever they face any such kind of inappropriate behavior from the men folk. I would say that not only cooperation, but an empathetic attitude, certainly not sympathy. Because what women require is not an act of charity, but it is a solemn obligation for all of us to ensure the dignity of women,” he added.

Justice Singh was speaking at the launch of portal for complaints of sexual harassment of women at workplace by the Delhi High Court.

He launched the portal, in the presence of Delhi High Court Chief Justice Devendra Kumar Upadhyaya and Justice Prathiba M Singh- who is the Chairperson of the Internal Complaints Committee.

Other judges who were present at the event were Justice Amit Bansal, Justice Neena Bansal Krishna, Justice Shalinder Kaur and Justice Tara Vitasta Ganju.

Delhi High Court Bar Association President, Senior Advocate N Hariharan was also present at the launch.

Lauding the initiative, Justice Singh said, “Though it looks like a small step. Nevertheless, as we say, every journey, long journey, has to start with the first step. Not that Delhi High Court has not done anything already. Much has been done, but this is indeed a very important step for the purpose that it enhances confidentiality and confidence on the people, apart from transparency.”

Justice Singh remarked that a workplace should be a place of opportunity and accomplishments and creativity, and not a place generating fear and anxiety.

He said that workplaces must provide respect for dignity of the individuals and equal opportunity for all and any act which negates the conducive atmosphere for work has to be forbidden and not tolerated.

“As far as women are concerned, there is nothing so grievous or humility as a sexual harassment. It demeans women, acts as a barrier to her creativity, slows down the efficacy, causing immense mental and physical trauma, which is completely antithetical to the enabling principles of equality, liberty and justice, which form the core values of our Constitution,” he said.

“Therefore this menace has to be taken head on, and it is from this perspective that lies the importance and significance of this [POSH] Act,” he added.

Justice Singh said that today, in the district judiciary, the number of lady judges being recruited is more than males. He said that same is the situation in cases of lawyers, girl students in universities and law interns, calling it a paradigm shift.

“It is not an easy task to do away with these practices, because the sexual harassment is not an act perpetrated by one individual on another. In fact, it is a result of a misogynistic, patriarchal, feudalistic, male chauvinistic ideas, which still prevails in the mind of many who consider that the role of women is to be confined only in the domestic sphere, which, again, I say, is antithetical to our core constitutional values of equality, liberty, justice and dignity of the individual,” the judge said.

Justice Singh further said that there is need to sensitize people about certain acts which are prohibited and cannot be tolerated. He said that gender sensitization is not an easy process and the same is a part of upbringing, community living and society's perception about itself.

“Every community has his own perception. Every society has their own perception of looking at women, how they perceive. These are big challenges. It is not an easy task, yet there must be continuous attempt to sensitize…and the bedrock, what would be the standard? The constitutional standard, which has to be uniform for everybody, irrespective of the community, irrespective of the history, tradition, our society's societal values. Because only the constitutional value is that which is acceptable and which can provide the equal platform for all,” he said.

The judge further said that apart from the Indian judicial system, most of the public organizations and government departments do not have the mechanism of ICC. He said that there must be full confidence of the victims in the ICC.

“In fact, many organizations see this complaint of sexual harassment as a threat to their reputation, rather than providing opportunities of growth with employees. The stigma that the complainants endure in the frequent dismissal of inappropriate behavior is mere choking. Light hearted banter and the power dynamics between men and women in workplaces contribute greatly to the culture of silence and fear. This is something which has to be addressed at institutional level. Similarly, women have to come forward without any hesitation, report without the fear of being stigmatized, as the Act itself provides sufficient safeguards,” he said.

Concluding his remarks, Justice Singh said that making false allegations of sexual assault is equally dangerous, which compromise with the system.

Also speaking at the event, Chief Justice DK Upadhyaya said that the POSH Act, along with the Rules, give a complete code as to how to seek redressal againstsexual harassment at workplace. However, what often is forgotten are the aspects of prevention and prohibition.

“The slogan these days by the government of India is “Beti Bachao Beti Padhao”. On one such occasion, when I was speaking in a seminar conducted by the Indian Law Society at Pune, what I said was that the slogan should be “Beti Bachao Beta Padhao.” The sons need to be sensitized more perhaps,” the judge said.

CJ then said that because of the cultural and social reasons of our society, “we are many a times in a denial mode.” He said:

“We do not feel that any such thing is happening at my home, in my neighborhood, at my workplace, or any other place, we always tend to deny that any such thing can happen. This is not because we want to deny it, but only because of our upbringing, and the reasons, as I said, are socio cultural. So we have to break this denial mode.”

The judge further said that it is one of the duties of the internal complaints committee to first try the conciliation process and then take up the matter further by conducting the inquiry.

“Now why I am saying is many a times these complaints are not in the nature of complaints regarding sexual harassment. For a complaint to constitute a complaint of sexual harassment, there are certain ingredients given in the Act…. So in that context, depending on the contents of the complaint, I would urge the internal complaints committee of the High Court, of the Bar Council has also of the Delhi High Court Bar Association to kindly see section 10, first try a conciliation,” he said.