The Bombay High Court (Aurangabad Bench) has refused to accept a compromise between the parties in a case registered against a man accused of assaulting the complainant. The complainant, an assistant teacher, submitted in her compromise affidavit that “there was some confusion and misunderstanding between her and the applicant.”
The FIR registered against the applicant is under sections 354 (assault or criminal force on woman with intention to outrage her modesty) and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code.
This case involves a set of circumstances where the applicant (teacher) has been stalking a married female teacher, and during the schooling hours, the applicant used to allegedly wink at her and chase her. The incident cited in the FIR is of the applicant having offered a film ticket to the complainant and having invited her to accompany him to the theatre. She also screamed at him in full public view, when he held her hand in the presence of male and female co-teachers.
The Bench of Justices Ravindra V Ghuge and BU Debadwar also perused the affidavit filed by the complainant which stated that, “in future she will not file a criminal complaint against the applicant”.
To this, the court said, “This speaks volumes about the pressure possibly exerted on her, either by the applicant or the educational institution. In fact, we would have appreciated if the educational institution would have taken recourse to the Vishakha Committee recommendations and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which is based on the judgment of the Honourable Supreme Court in the matter of Vishakha and others vs. State of Rajasthan and others (1997), so as to initiate disciplinary action against him.”
The bench emphasised on the need of guidelines for women’s safety at the workplace. “We are also aware that in every employment establishment, be it the industrial sector or the educational institutions, public or private sector, etc., the Vishakha Committee recommendations are the mandate of the Honourable Supreme Court and female employees in places of employment have to be given adequate protection so as to encourage them to take up employment. The involvement of lady employees has to be encouraged in order to bring them in the mainstream along with their male counterparts and become a source of earning for the family. This object would be defeated if lady employees, who have complained against male employees, are coerced to withdraw their complaints so as to sweep the dirt below the carpet”, it said.
Accordingly, the court refused to quash the proceedings against the applicant male teacher holding, “We find it unconscionable to accept such compromise as it would surely not be in the interest of justice and would be counter productive.”
The judgment may be read here:
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