Sexual harassment still pervasive at workplaces, men’s mindset unchanged: Delhi HC

The Delhi High Court on Tuesday highlighted that despite stringent laws, sexual harassment persists in workplaces due to entrenched power dynamics and unchanged male mindsets.

New Delhi: The Delhi High Court has said despite stringent legislation, sexual harassment continues to haunt women at work places, especially when it involves "power dynamics" for the mindset of men has remained unchanged.

Justice Neena Bansal Krishna on August 28 quoted Shakespearean lines as saying, "First my Fear; then my courtesy; Last my speech. My fear is your displeasure, My courtesy my duty, and My speech to beg your pardon."

According to the order, the lines "aptly" summed up a woman's life -- be it home or office.

The court, therefore, dismissed an appeal filed by one Asif Hamid Khan, a public official from Jammu and Kashmir, against an order of summons.

The complaint has alleged sexual harassment, criminal intimidation and outraging her modesty in December 2014.

The judge said the case was a reflection of the society in which despite a stringent legislation and repeated lamentation about gender neutrality and equality to provide safe work environment, "unfortunately" the psychology and mindset of the men continued to haunt women.

The court observed despite being qualified, the complainant was not spared of the harassment.

"This petition is another glaring example of the struggle of a woman wronged in her place of work, to get justice. The education or high government position, is no protection to a woman from being subjected to sexual harassment," the court said.

The order dismissed Khan's contention that he was exonerated in the departmental enquiry, saying "mere exoneration in the departmental enquiry cannot be the sole basis for discharging the petitioner in the present FIR".

He had challenged the order, saying the trial court summoned him despite a closure report in the case.

The high court pointed out that the trial court "rightly discarded" the report and took cognisance.