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| Woman Pilot’s allegation of sexual harassment by Flight Commander | | HC seeks DM, IAF’s response to petition | | EARLY TIMES REPORT
JAMMU, Apr 27: Justice Sanjeev Kumar of J&K High Court Jammu Wing has sought the response of Defence Ministry and Indian Air Force (IAF) officers in a plea by a woman pilot alleging sexual harassment on the part of her Flight Commander and the subsequent unfair manner of inquiry by the Internal Complaints Committee.
During the course of hearing Adv Aseem Sawhney appearing for the petition submitted that the accused officer repeatedly demanded sexual favours from the petitioner and passed objectionable comments against her, while touching her inappropriately. The petitioner has also raised a pertinent legal issue regarding the applicability of the Sexual Harassment at Work Place Act (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) and Rules to the Armed Forces.
In this regard, the petitioner also took strong objection to the manner in which the Internal Complaints Committee constituted under the 2013 Act was conducting it proceedings when she filed a complaint against the accused.
The petitioner claimed that the Air Force Order (AFO) under which the ICC proceedings are held, is violative of Article 14 of the Constitution. Under this procedure, the complainant does not get the right to cross-examine the accused or his witnesses under the AFO, but she and her witnesses can be subject to cross-examination.
Adv Aseem Sawhney, argued that the respondents are not implementing the provisions of the 2013 Act and Rules in letter and spirit, and are adopting their own self-devised arbitrary methods to somehow silence the petitioner and hush up the inquiry and seeking a direction to the ICC to hold a fair inquiry, the petitioner has also prayed for the transfer of the accused person so that he does not threaten and harass her and other witnesses.
Justice Sanjeev Kumar issued notice to the Union Ministry of Defence and other Air Force officials, asking them to file their responses within four weeks. The Court also stayed the proceedings before the ICC. Assistant Solicitor General Vishal Sharma accepted notice on behalf of the Union. (JNF) |
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