2019 LLR 299

SHORT NOTE CODE 16

JAMMU & KASHMIR HIGH COURT

Hon’ble Mr. Sanjay Kumar Gupta, J.

CRMC No.620/2018 & IA No. 2/2018, Dt/–1-2-2019

 

X

vs.

State of J&K & Anr.

 

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 – Section 28 – Act is not in derogation of the provisions or any other law for the time being in force – Complainant filed written complaint before Police – An FIR was lodged – Investigation was made – Chargesheet was to be filed shortly after recording statements of witnesses under Section 161 CrPC and recording statement of complainant under section 164 CrPC – Accused-Petitioner filed petition under Section 561-A CrPC for quashing the FIR and subsequent proceedings – Held, provisions of the Act are in addition to and not in derogation of any other law – Hence, petition is dismissed.

Paras 13 and 14

 

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 – Object of – Held, as per Scheme of the Act, the purpose sought to be achieved is to protect the interest of women at work place better since the provisions of the Act are to be interpreted broadly, positively and purposefully without disturbing remedy available under any other law. Para 13

 

For Petitioner: Mr. Anil Sethi, Advocate.

 

For Respondent: Mr. Sudesh Magotra, GA.

IMPORTANT POINTS

• The provisions of the Act are in addition to and not in derogation of any other law for the time being force.

 

• The object of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, is to protect the interest of women at work place better since the provisions of the Act are to be interpreted broadly, positively and purposefully without disturbing remedy available under any other law.