Departmental Exoneration No Shield In Sexual Harassment Cases

Introduction

In a significant judgement, highlighting the struggles of aggrieved women at workplace to get justice, the Delhi High Court has ruled that “mere exoneration in the Departmental Enquiry cannot be the sole basis for discharging a person accused of sexual harassment, stressing that departmental or ICC findings are not binding in criminal proceedings.”¹

The court stressed upon the existing notion prevalent in the society that despite the existence of stringent laws which provides for gender neutrality and equality to provide safe working environment, the mindset of “men in workplace” remains unchanged and neither education nor high government position can shield a woman from being harassed.