Vishaka Committee guidelines: Object will be defeated if women are coerced to withdraw complaints, says Bombay HC

The court said, “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’”.

Observing this, the HC refused to quash a 2019 FIR against a man working as Assistant Teacher in an educational institution. (File photo)

The Aurangabad bench of the Bombay High Court recently observed that the ‘Vishaka Committee guidelines’ laid down by the Supreme Court to protect women from sexual harassment at the workplace are required to be strictly implemented, so that women employees are encouraged to take up jobs and to bring them in the mainstream along with male counterparts to become sources of earning for the family.

The court said, “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’”.

Observing this, the HC refused to quash a 2019 FIR against a man working as Assistant Teacher in an educational institution. It was filed by his colleague for offences punishable under Sections 354 (Assault or criminal force to woman with intent to outrage her modesty), 509 (Word, gesture or act intended to insult the modesty of a woman) of Indian Penal Code in Aurangabad district.

A division bench of Justice Ravindra V Ghuge and Justice Bhalchandra U Debadwar passed an order on March 18 after hearing a criminal application filed by the man seeking to quash the FIR stating that the woman, an original informant, was agreeable to settle the dispute with him and that she was ready to compromise after allegedly realising that she had filed the complaint against the applicant under a misunderstanding.

The court, however, observed that when the informant’s lawyer was addressing it, his discomfort was evident and the bench could gather from the portion of her affidavit that the informant “may have been compelled” to file the same along with the compromise undertaking, more so as she assured that in future she will not file a criminal complaint against the applicant.

The HC observed, “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 HC disposed of the plea and held, “In view of the above, this Criminal Application, being devoid of merit is, therefore, dismissed.”

Omkar Gokhale

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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