“Courts shouldn’t be swayed by hyper-technicalities”: SC on sexual harassment cases
Last Updated on November 7, 2023 by News Desk
The Supreme Court had said that when it comes to sexual harassment, the courts should not get swayed away by little discrepancies and technicalities.
The ruling delivered by a panel consisting of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra emphasized that accusations of sexual harassment or similar offenses should be assessed in the wider context of the case and should not be solely evaluated based on a breach of procedure.
To begin with, the Supreme Court stressed the significance of addressing workplace sexual harassment, highlighting the importance of ensuring that wrongdoers face legal consequences.
The court pointed out that allowing harassers to escape accountability could be highly distressing for victims, especially when the offender faces only minimal penalties or avoids punishment altogether.
The Court also warned against displaying excessive compassion or leniency toward the person accused of misconduct.
The Supreme Court emphasized that in such cases, the primary entities responsible for establishing the facts are the inquiry authority and the disciplinary authority.
Consequently, the court, in its capacity for judicial review, should not function as an appellate body, reexamine the evidence, or replace its own findings with those of the fact-finding authorities.
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
