The Supreme Court on Friday said that it was important for the judiciary to uphold the spirit of the right against sexual harassment , Live...
The Supreme Court on Friday said that it was important for the judiciary to uphold the spirit of the right against sexual harassment, Live Law reported. The court said that the right is a part of a person’s right to life and dignity guaranteed under Article 21 of the Constitution.
The court made the observation while hearing a case relating to accusations of sexual misconduct against a Border Security Force head constable. The complainant, a constable at the Border Security Force, has accused his senior of sodomising him in May 2006.
On Friday, the Supreme Court set aside an order of the Calcutta High Court passed in December 2018 that had quashed disciplinary proceedings against the head constable and reinstated him in service, PTI reported.
The High Court had quashed the proceedings on the grounds that a commandant of the Border Security Force, who had sought additional record evidence while carrying out the disciplinary proceedings, did not have the jurisdiction to do so.
The High Court had also said that a Summary Security Force Court, which initially heard the case, had failed to record reasons for its verdict.
However, the Supreme Court bench headed by Justice DY Chandrachud noted that the High Court’s verdict was part of a “rising trend” of “hyper-technical interpretations...
