Introduction:

In Union of India and Ors v. Mudrika Singh (Civil Appeal No. 6859 of 2021), Supreme Court’s scrutiny revealed a concerning trend in the invalidation of proceedings related to sexual misconduct, emphasizing the need for a nuanced understanding of applicable service rules. SC delved into the constitutional significance of the right against sexual harassment, highlighting the power dynamics inherent in workplace misconduct cases.

Fact:

The Complainant had accused the Respondent of engaging in sodomy, leading to a subsequent inquiry. The argument presented was that both the Single Judge and the Division bench of the High Court took an overly technical stance and failed to grasp the significance of the BSF Act, 1968, and BSF Rules, 1969. These regulations deem any disgraceful conduct of a cruel, indecent, or unnatural nature as a punishable offense. Challenging the High Court’s decision, the Union of India and the BSF appealed to the Supreme Court (SC). The focus of the challenge to the High Court’s judgment emphasized the failure to appreciate the gravity of sexual harassment as defined by the relevant statutes.

Court’s Observation:

The Court meticulously observed a disturbing trend characterized by the invalidation of proceedings concerning sexual misconduct. It expressed concern over the growing prevalence of such invalidations based on hyper-technical interpretations of applicable service rules. Specifically, the court pointed out that the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013, designed to penalize various forms of sexual misconduct and mandate redressal mechanisms in public and private organizations, might lose its efficacy if appellate mechanisms excessively transform the process into a punitive measure.

The Court underscored the constitutional significance of the right against sexual harassment, enshrined in Article 21, which encompasses the right to life and dignity. It emphasized the need for courts to uphold the spirit of this right and be mindful of the power dynamics inherent in workplace sexual harassment cases. The court particularly noted the challenges faced by subordinates reporting misconduct by their superiors, creating a context for understanding the dynamics at play in the specific case before it.

SC stated “It is important to be mindful of the power dynamics that are mired in sexual harassment at the workplace. There are several considerations and deterrents that a subordinate aggrieved of sexual harassment has to face when they consider reporting sexual misconduct of their superior”.

The court, without delving into the merits, highlighted a minor discrepancy in the date of occurrence, deeming it of trivial significance. The court expressed concern that such minor issues, when magnified, could result in the invalidation of the entire disciplinary proceedings, rendering the Complainant’s pursuit of justice futile.

It stated that “Deeming such a trivial aspect to be of monumental relevance, while invalidating the entirety of the disciplinary proceedings against the Respondent and reinstating him to his position renders the Complainant’s remedy at nought. The history of legal proceedings such as these is a major factor that contributes to the deterrence that civil and criminal mechanisms pose to persons aggrieved of sexual harassment”.

SC criticized the High Court’s interpretation of the jurisdiction of the Commandant and the obligation of the SSFC (Summary Security Force Court) under the BSF Act 1968. Furthermore, it censured the High Court for what it viewed as a callous attitude toward the essence of the proceedings. The court urged a more balanced and just interpretation of service rules and statutory regulations governing the prevention of sexual harassment at the workplace, aiming for fairness for all parties involved.

Court’s Decision:

Consequently, based on its detailed observations and critique, the court allowed the appeal and set aside the judgments of the Calcutta High Court. The Respondent’s writ petition was dismissed, thereby overturning the decisions of the lower courts. The Court concluded by urging other courts to interpret relevant regulations in a manner that ensures both procedural and substantive justice for all parties involved in cases of workplace sexual harassment.