Excelsior Correspondent
JAMMU, Apr 17: In a Public Interest Litigation (PIL) filed by Advocate Rajeshwari Katoch seeking implementation of Sexual Harassment of Women at Workplace Act 2013, Division Bench of State High Court comprising Chief Justice Baddar Durez Ahmed and Justice Alok Aradhe today issued notice to Union of India through Secretary Ministry of Women and Child Development and J&K through Secretary Social Welfare.
ASGI Sindu Sharma accepted notice on behalf of Union of India whereas Deputy Advocate General Vishal Bharti accepted notice on behalf of J&K State.
The DB directed that J&K State shall file a short affidavit within two weeks indicating as to whether the Act has been implemented and to what extent.
Earlier, during the course of arguments, Advocate Rajeshwari Katoch submitted that harassment of women at workplace leads to violation of their fundamental right to equality under Articles 14 and 15, right to life and live with dignity under Article 21 and right to practise any profession or to carry out any occupation under Article 19(g).
“Harassment at workplace is a special type of crime and general penal provisions cannot deal with them”, she said, adding in the absence of any special legislation to deal with the issue, Supreme Court in Visakha Versus State of Rajasthan has laid down the guidelines to deal with the menace of gender based harassment of women at workplace, which under Article 141 of the Constitution, were to be treated as binding law.
Seeking direction to Union of India to direct all Central Government establishments in the State including banking institutions to constitute Internal Complaints Committees under Sexual Harassment of Women at Workplace Act, 2013, she said that all the Deputy Commissioners shall also be directed to constitute Local Complaints Committees in their respective districts.
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