SC orders Govt to pay one lakh to ex R&AW officer over mishandling of sexual harassment complaint

The Supreme Court on Friday directed the Union government to pay a compensation of Rs one lakh to a woman officer of the external intelligence agency, R&AW, for violation of her fundamental rights to life and dignity as a result of the improper handling of her complaint of sexual harassment.

A bench of Justices A M Khanwilkar and Dinesh Maheshwari said in this case, the woman officer faced "exceedingly insensitive and undignified circumstances due to improper handling of her complaint of sexual harassment".

The court said regardless of the outcome of the inquiry into the complaint, her fundamental rights have clearly impinged.

"Had it been a case of allegations in the stated complaint of the petitioner been substantiated in the duly conducted inquiry (which the petitioner had failed to do), it would have been still worst and accentuated violation of her fundamental rights warranting suitable (higher) compensation amount," the bench said.

Taking into consideration of the Sexual Harassment of Women at Workplace Act, 2013 and the Vishakha Guidelines, the bench said the approach of law in such matters is not confined to cases of the actual commission of acts of harassment, but also covers situations wherein the woman employee is subjected to prejudice, hostility, discriminatory attitude and humiliation in day to day functioning at the workplace.

The top court, in the instant case, however, confirmed the Delhi HC's order of 2010 which had approved of her compulsory retirement from the service.

It also directed for computing her pension in accordance with the date of notional superannuation, not from the date of actual compulsory retirement. It also asked her to vacate the official accommodation within three months. The court made it clear that there would not be any penal rental charges on her.

The woman had joined the Research & Analysis Wing on February 22, 1988. In 2007, she filed the complaint against the top officers. She was however compulsorily retired in 2009.