Maintain Confidentiality in Sexual Harassment Cases at Workplace
Article
Maintain
Confidentiality in Sexual Harassment Cases at Workplace
The Central Information Commission has passed the following
important judgment with regard to keeping confidentiality of the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013 vs Right to Information.
Ms. Puspanjali Padhy[1]
filed a complaint of sexual
harassment as per the provisions of the Act. However, on conclusion of the
enquiry report the findings and conclusion of the internal complaints committee
was not shared with her. As a result of this, she filed an RTI application to
seek this information. The Central Public Information Officer denied the
information. The appellant filed the first appeal, which was also rejected.
Appellant filed the second appeal before the CIC praying that direction be given to the
CPIO to provide the information sought for by her and also compensate her for
the unnecessary harassment caused to her in seeking this information.
The CIC observed that Section 16 of the Act ‘deals
with publication of the recommendations etc. of the internal committee in press
and media and not provision of such information to the parties concerned.
The CIC held that in view of the assurance of the respondents regarding immediate provision of information upon the appellant approaching the internal committee, intervention by the Commission in this matter in respect of provision of information is not necessary. The CIC held that according to Section 13 (1) of the Act it is the duty of the employer to make the report available to the parties.
CIC noted that while the CPIO advised the appellant to follow Section 13 of the Act to get the information needed by her, he ignored Section 13 (1), which requires the employer to make the report available to the parties. The appellant had, therefore, to seek information through RTI and undergo such harassment.
CIC ordered CPIO
to pay a token compensation of Rs. 2,000 to the appellant in accordance with
Section 19 (8) (b) of the RTI Act.
Provide
copy of Internal Committee Report to Victim of Sexual harassment[2]
An alleged victim of sexual harassment sought a copy
of internal committee report which was not provided. The matter came up before
the CIC on the grounds that the CPIO had not provided the desired information.
The respondent submitted that certain information was denied as it pertained to
the ICC enquiry proceedings and as per Section 16 of the Act, 2013 the same is
prohibited from publication.
The CIC referred to the Section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013, which reads as under:
“16. Prohibition of publication or making known contents of complaint and inquiry proceedings. - Notwithstanding anything contained in the Right to Information Act, 2005 (22 of 2005), the contents of the complaint made under section 9, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the internal committee or the local committee, as the case may be, and the action taken by the employer or the District Officer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner: Provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.
Question before the CIC Whether section 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 operates as an embargo over the right of a victim/complainant of Sexual Harassment to access information relating to inquiry proceedings, recommendations of internal committee/local committee, statements of complainant/respondent and witnesses; under the RTI Act, 2005.
The CIC referred to the order of coordinate bench in File Nos. CIC/YA/A/2016/000299 and CIC/YA/A/2016/000282.
1. The Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted by
the Parliament to prevent harassment of women at workplace besides prescribing
panel provisions for the offenders. The Preamble of the aforesaid enactment
reads: An Act to provide protection against sexual harassment of women at
workplace and for the prevention and redressal of complaints of sexual
harassment and for matters connected therewith or incidental thereto.
2. The CIC held that the intent of the legislature is
loud & manifest. It is a settled principle of interpretation of statutes
that the provisions of any enactment are to be interpreted in a manner which
furthers the cause or purpose behind its enactment. Section 16 is enacted as a
safeguard measure to check further aggravation of traumatic & stigmatic
experience of a victim of sexual harassment by unwarranted disclosure of her
identity.
3. Natural justice requires that all parties having
proximate nexus with any judicial or quasi-judicial proceeding or its outcome to
be kept abreast. The expression 'shall not be published, communicated or made
known to the public, press and media in any manner' as employed in Section 16
of the Prevention of Sexual Harassment Act, 2013 operates against disclosures
made to three categories only. They are public, press & media. The
expression cannot be stretched to assign altogether different meaning so as to
include the 'complainant' within the prohibited degree of classes, to deny
information relating to proceedings under the Act. Accepting the contention of
the CPIO would compound the harassment of the victim rather than mitigate it.
4. The CIC ruled that while dealing with any incidence
of sexual harassment, the information relating to the proceedings &
findings of ICC, must be voluntarily made available to the victim.
5. Section 16 of Prevention of Sexual Harassment Act, 2013 does not eclipse the right of a complainant/victim of sexual harassment to access the same under RTI Act, 2005. This section merely eclipses the right to know of the public at large, press and media only.
The CIC held that a complainant/victim of an incident of sexual harassment can access information through the RTI Act, 2005 and directed to provide all available information in respect of the RTI application to the appellant within 15 days from the date of receipt of the order.
Impact Sexual harassment in its widest connotation encompasses anything at work that can place a working woman at a position of disadvantage compared to other male employees in her official career merely because she is a woman. It is an unwelcome physical contact and advances, including unwanted and explicit sexual overtures, a demand or request for sexual favours, showing pornography without their consent, and making unwelcome sexual remarks by any means. Sexual harassment at workplace is rampant in the country and is largely unreported. This judgment would empower an aggrieved women at workplace to make use of the RTI Act to effectively assert her rights. It would end the opacity around the way some of the ICC worked and aid in the realization of gender equality by improving women's participation in work.
FAQs
Q.1 Can a complaint get a copy of the inquiry report?
Ans.1 Yes
Q.2 Can complainant use RTI to assert her rights?
Ans. 2 Yes
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