 Act, 2013 (POSH Act) to conclude proceedings in a sexual harassment case filed by an Associate Professor of the West Bengal National University of Juridical Sciences (WBNUJS) against the Vice Chancellor.){kind=link}
The Calcutta High Court has directed the local committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) to conclude proceedings in a sexual harassment case filed by an Associate Professor of the West Bengal National University of Juridical Sciences (WBNUJS) against the Vice Chancellor.
Background of the Case
The female Associate Professor filed a writ petition challenging the local committee’s order that rejected her complaint under the POSH Act on the grounds of limitation. Justice Kaushik Chanda, presiding over the single bench, observed that the circumstances of victimization and detrimental treatment, which allegedly occurred between April 2023 and December 2023, were connected to the alleged sexual harassment between September 2019 and April 2023.
Calcutta High Court’s Observations
Justice Chanda noted, “The allegations made in the complaint clearly suggest that the circumstances of victimization and detrimental treatment allegedly took place between April 2023 and December 2023, have a nexus with the alleged sexual harassment of the petitioner between September 2019 and April 2023.” He concluded that the complaint, when read as a whole, was within the limitation period as per Section 9(1) of the POSH Act.
Proceedings and Legal Representation
The petitioner filed her complaint on December 26, 2023. The local committee issued a notice under the POSH Act to the respondent Vice Chancellor, who denied the allegations. On March 5, 2024, the petitioner sought condonation of delay, which the local committee rejected on the same day. The committee failed to consider incidents after April 2023 as sexual harassment, leading the petitioner to appeal to the High Court.
Court’s Decision on Limitation
The court highlighted that the question of limitation is a mixed question of law and fact, which should not have been decided by the local committee at the threshold stage without evidence. Justice Chanda stated, “The local committee, in deciding the issue of limitation, should accept the allegations made in the complaint at its face value.” He ruled that the order dated March 5, 2024, by the local committee was not sustainable and set it aside.
Direction to Local Committee
The High Court directed the local committee to conclude the proceedings on the merits of the complaint in accordance with the POSH Act. The court allowed the writ petition and set aside the local committee’s earlier order, ensuring that the Associate Professor’s complaint would be fully considered.
The Calcutta High Court’s directive highlights the importance of a thorough and fair examination of sexual harassment complaints within the framework of the POSH Act, ensuring that issues of limitation do not impede justice.
Case Title- X v. The State of West Bengal and Others W.P.A. No.10583 of 2024