Defamation?
lalhriatpuia
(Querist) 09 April 2013
This query is : Resolved
I am a married wife. I recently found out that one gentleman (I say that very loosely) who is my colleague in office telling other that how he has been with me sexually, with graphic details to include very demeaning acts that he's supposedly done to me.
I barely know this individual. his statement was private facts and was happened during our marriage subsist. My husband also came to know about this . I value my reputation and until now have never questioned what others were thinking.
I have investigated and since heard from a total of 20 people with similar statements about what he has said about me( Including my superior authorities) and also resulted into transferred of my posting. Obviously, this falls under defamation of character. Can I sue this individual? Is there any Apex Court's decision in favor of my side?
Devajyoti Barman
(Expert) 09 April 2013
Yes you can sue this gentleman for maligning your public image by way of bringing criminal defamation case.
You can lodge complaint with higher authority for causing sexual harassment in workplace.
Advocate M.Bhadra
(Expert) 09 April 2013
As per the Indian Constitution, sexual harassment infringes the fundamental right of a woman to gender equality under Article 14 of the Constitution of India and her right to life and live with dignity under Article 21 of the Constitution. Although there is no specific law against sexual harassment at workplace in India but many provisions in other legislations protect against sexual harassment at workplace, such as Section 354, IPC deals with “assault or criminal force to a woman with the intent to outrage her modesty, and Section 509, IPC deals with “word, gesture or act intended to insult the modesty of a woman.
What amounts to sexual harassment?
In 1997 in Vishaka Vs. State of Rajasthan and others, for the first time sexual harassment had been explicitly- legally defined as an unwelcome sexual gesture or behaviour whether directly or indirectly as
1. Sexually coloured remarks
2. Physical contact and advances
3. Showing pornography
4. A demand or request for sexual favours
5. Any other unwelcome physical, verbal/non-verbal conduct being sexual in nature.
It was in this landmark case that the sexual harassment was identified as a separate illegal behaviour. The critical factor in sexual harassment is the unwelcomeness of the behaviour. Thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator- which is to be considered.
Adv. Chandrasekhar
(Expert) 10 April 2013
The protection of women against sexual harassment at workplace, Act 2013 has been recently passed by both houses on the basis of the S.C. judgment Visakha Vs. State of Rajasthan. A complaint from your side to the superior authority of your department enjoins the authority to refer the matter to grievance committee and if it is not there, to constitute one to dispose your complaint. The complaint filed by you and other proceedings before this grievance committee shall be confidential and not disclosed to any public, so your privacy will be protected. During the pendency of proceedings, the accused will be transferred to some other division of the office, so that you need not to accost him daily during office hours and face embarassing situation. Once the enquiry before the grievance committee (consisting of superor mangerial personnel, a lady member from NGO connected with women proboems)is concluded, if the charges are proved, he will be punished as per the service rules and also a proper criminal offence will be registered against him. In the event you feel that the grievance committee has not provided justice, you can directly approach the H.C. impugning the grievance committee report. Alternatively, you have got remedies in criminal law, which I won't subscribe at this stage. Keep intact your 20 witnesses and file a complaint against him marking it as "CONFIDENTIAL" before the superior authority praying to refer the matter to grievance committee and see the positive result.
Sudhir Kumar, Advocate
(Expert) 12 April 2013
Partially disagreeing.
There is no provision that witnesses need to be atleast 20. You may have even one witness who can sustain cross-examination and the man is over.
even if the complaint is marked CONFIDENTIAL still accused has a right to copy of the same.
The inquiry conducted by employer is not related (or resulting in) any criminal case. It has to be separate than the above procedure.
You have not stated the nature of organisation so no further advised can be given.
