ISSUE:1. WHETHER THE PRESENT APPEAL IS MAINTAINABLE?

It is most humbly submitted that present appeal preferred before the Hon’ble High Court is
maintainable as it is an appeal from acquittal which deserves interference of the Hon’ble High
Court to correct the impugned judgment. Hence it is a fit case for High Court. Appeal procedure
is a very significant advantage to the person and the professed object of it is in conformity with
the doctrine of 'speedy trial'.1 The High Court has full power to reappreciate and reassess the
entire evidence upon which the order of acquittal was founded and then to come to its own
conclusion. 2 Considering the special position held by the State in criminal jurisprudence, the
legislature was justified in placing the State on a special footing as regards appeals against
acquittals. The various provisions of this section for appeal by the State Government and by
private complainants can be justified on the principal of reasonable classification.3 The Code of
Criminal Procedure, states that the State Govt. may in any case direct the Public Prosecutor to
present an appeal to the High Court from an original or appellate order of an acquittal passed by
any Court other than a High Court.4 The HC can interfere with the acquittal order of the trial
court under section 378 CrPC, when the conclusions arrived at by the trail court are factually and
legally incorrect. The paramount consideration of the High Court would be to avoid miscarriage
of justice and the miscarriage of justice arising from the acquittal of a guilty is not less than from
convicting an innocent.5

Denial of a fair trial is as much injustice to the victim and the society as it is to the accused. 6 The
principles of rule of law and due process are closely linked with human rights protection. Such
rights can be protected effectively when a citizen has recourse to the Courts of law. It has to be
unmistakably understood that a trial which is primarily aimed at ascertaining truth has to be fair

1
Kartar Singh v. State of Punjab, 1994 SCC (3) 569.

2
Songappa V State of Karnataka (2010 ) 3 S.C.C. 68
3
Abdul Ali Abdul Rahman V Jannat AIR 1957 All 552 ,553 , State of Mysore V Nanja AIR 1958 Mys 48

4
Code of Criminal Procedure, 1976, § 378(1)(b) [Hereinafter referred as Code of Criminal Procedure].

5
Allarakha K Mansuri V State of Gujrat AIR2002 SC 1051, (2002) 3 SCC 57,2002 SCC (Cr)519,2002 Cr LJ1489 (SC)

6
Sahira Habubulla H Sheikh & anr v.State of Gujarat & Ors. AIR 2004SC3467,2004 CrLJ2050 (SC)
to all concerned. 7 The appellant court would interfere with the order of acquittal where the
appreciation of evidence is either grossly unreasonable or perverse or the order of acquittal is
vitiated by an illegality which has resulted in failure of justice. 8 The HC would be justified to re-
appreciate evidence and convict the accused in appeal, when the acquittal by the trial court is in
ignorance of the basic principles of law and evidence on record. If the judgment of the trial court
was manifestly wrong and perverse and based on unconvincing and unsound reasons the reversal
of the acquittal on fact by the HC is justified.9 Where the view of evidence taken by the trial
court was manifestly erroneous and the reason utterly unsustainable, the interference of the High
Court by reversal of the acquittal will be justified.10

It is contended that whole trial in the magistrate court is vitiated by an error or illegality. An
appeal would lie only to the High Court not only from an original order of acquittal but also from
the appellate order of acquittal passed by the Courts below. 11 Where the order is clearly
unreasonable, it is a compelling reason for interference.12 Once the appellate court comes to the
conclusion that the view taken by the acquitting judge is clearly an unreasonable one, it will in
itself be a ‘compelling reason’ for interference.13

In an appeal against acquittal the High Court can interfere with the finding impeached, if the
High Court comes to the conclusion that not only is the offence proved beyond a reasonable
doubt but that is difficult, if not impossible to see how a contrary view could be held on the
material available in the case. The High Court has full power to review the evidence upon which
the order of acquittal was founded; but the findings of the trial Court can be reversed only for

7
Sahira Habubulla H Sheikh & anr v.State of Gujarat & Ors. AIR 2004SC3467,2004 CrLJ2050 (SC)

8
C.Antony v. K.G.Raghavan Nair, AIR 2003 SC 182.

9
Matadin v. State of Uttar Pradesh, 1979 SCC (Cr) 627, 628.
10
Maharaj Singh V State of Rajasthan 1981 SCC ( Cr ) 306 ,310.

11
Thangaraj v. S.Aruljothi & Shanmugavel

12
Jaswant Singh v. State of Haryana, AIR 2000 SC 1823.

13
Harbans Singh v. State of Punjab, AIR 1962 SC 439
very substantial and compelling reasons.14 Hence, the present appeal is maintainable as it is in
accordance with section 378(1) (b) of CrPC.

ISSUE:4. WHETHER THE ACT OF RESPONDENT IS VIOLATIVE OF SEXUAL

HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND
REDRESSAL) ACT, 2013?

It is humbly submitted that the conduct of the respondent is violative of Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. No one should have to
work in a locker – room atmosphere and no one has the right to sexually bully another person at
work.15 It is an Act to provide protection against sexual harassment of women at workplace and
for the prevention and redressal of complaints of sexual harassment and for matters connected
therewith or incidental thereto.16

Sexual Harassment is the most glaring example of human rights violation, gender inequality and
injustice. Each incidence of sexual harassment at the workplace also result in the violation of
fundamental rights under the Constitution , namely , right to gender equality and right to life and
liberty. That sexual harassment of a female at the workplace is incompatible with the dignity and
honour of women, needs no arguments. Sexual harassment is a demand that State Authority
stand behind women’s refusal of sexual access in certain situations that previously were a
masculine prerogative. 17 Sexual harassment, the event is not new to women. It is the law of
injuries that is new.18 The first successful claim against sexual harassment at the workplace is

14
Tulsiram Kanu v. The State, AIR 1954 SC 1.

15
Sexual Harassment in the Workplace, Mary L. Boland, 1 st Edition, 2005.

16
Preamble of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

17
C Mackinnon: Sexual Harassment ; Its first decade in court

18
C Mackinnon ; Feminism Unmodified ; Discourse on life & Law
where psychiatric damages were awarded by the English Court arising out of occupational stress.
Thus it becomes clear that injury might include stress. In such a case an action may be against an
employer for negligence. The Judgement in this case of great importance as it opens yet another
area that is of mental harassment as distinguished from the physical contact theory.19

Any act of gender- based violence that results in or is likely to result in, physical, sexual or
psychological harm suffering to women, including threats of such act, coercion or arbitrary
deprivation of liberty, whether occurring in public or in private life.20

[4.1] SEXUAL HARASSMENT VIOLATIVE OF FUNDAMENTAL RIGHTS.

It is most humbly submitted that the preamble of The Constitution of India assures the dignity of
the individual. Sexual harassment is a clear violation of the rights under Article 14, 15 and 21 of
the Constitution. One of the logical consequences of such an incident is also the violation of the
victim`s fundamental right under Article19 (1) (g) ‘to practise any profession or to carry out any
occupation trade or business. 21 The fundamental right to carry on any occupation, trade
profession depends on the availability of a ‘safe’ working environment. Right to life means life
with dignity. The primary responsibility for ensuring such safe and dignity through suitable
legislation and the creation of a mechanism for its enforcement is of the legislature and the
legislation and the executive.22

In right to life and personal liberty as envisaged under the Indian Constitution, ‘Life’ means
something more than mere Animal Existence. 23 The Hon’ble Supreme Court widened the

19
Walker v. Northumberland County Council (1995 ) IRLR 35

20
The Declaration on the Elimination of Violence against Women, 1993

21
Vishaka v. State of Rajasthan, AIR 1997 SC 3011.

22
Justice Verma Committee Report.

23
National Human Rights Commission v. State of Arunachal Pradesh, (1996)1SCC 742; Kehar Singh v. Union of
India AIR 1989 SC 653.
horizon of Art. 21 and held that that any act which damages or injuries or interferes with the use
of any Limb or faculty of a person, either permanently or even temporarily, would be within the
inhibition of article 21.24 Right to Life includes the right to live with human dignity and all that
goes along with it.25 It is the fundamental right of everyone in this country to live with human
dignity, free from exploitation.26

[4.1] INTERNATIONAL LAW AND SEXUAL HARASSMENT.

It is most humbly submitted that various conventions and treaties have recognised sexual
harassment as inhuman behaviour. The United Nations Committee on OCEDAW clarified that
Equality in employment can be seriously impaired when women are subjected to gender-specific
violence , such as sexual harassment at the workplace . India’s commitment to protection and
promotion of women’s constitutional rights as well as respect for its obligations under various
International treaties is unequivocal. In England the Sexual Harassment is tried under section 154
of the Criminal Justice and Public Order Act 1994 .

In USA the ‘Equal Employment Opportunities Commission’ issued a set of guidelines which
concisely defined sexual harassment under 19999(12) CILQ. It is basically the same definition as
was adopted by the Convention on Elimination of All Forms of Discrimination Against Women.
The evil consists of unwelcome sexual advances, requests for sexual favours & other verbal or
physical conduct of a sexual nature. In three situations, First, where submission to such conduct
is expressly or impliedly made a term or condition of employment. Secondly , when submission
to or rejection of such conduct is used as basis for employment decisions affecting an individual
(for e.g promotion) . Thirdly, where such conduct has the effect or purpose of unreasonably
interfering with an individual’s work performance or creating an intimidating, hostile or

24
Kharak Singh v. State of UP, AIR 1963 SC 1295; Sunil Batra v. Delhi Admn. (1978) 4 SCC 494; Olga Tellis v.
Bombay Muncipal Corpn, AIR 1986 SC 180.

25
Francis Coralie v. Union Territory of Delhi, AIR 1981 SC 746.

26
Banddhua Mukti Morcha v. Union of India, AIR 1984 SC 802.
offensive work environment as recognised under USEEO Commission ,Nov ,1980 .Organization
of American States treats sexual harassment as an issue of violence against women, instead of a
discrimination issue. Accordingly, the Inter-American Convention on the Prevention,
Punishment and Eradication of Violence Against Women (Belem do Para) affirms the right of
women to be free from violence, including sexual harassment in employment or any other
context, and requires states to impose penalties and enact legal provisions to protect women from
harassment and other forms of violence. Article 2 states that sexual harassment in the workplace,
educational setting, health facilities, or any other place constitutes violence against women.

It is further stated under article 11 (23) of General Recommendations of The Convention on

Elimination of All Forms of Discrimination Against Women that such conduct can be
humiliating and may constitute a health and safety problem; it is discriminatory when the women
has reasonable grounds to believe that her objection would disadvantage her in connection with
her employment, including recruitment or promotion or when it creates a hostile working
environment. Effective complaints, procedures and remedies including compensation should be
provided. Further under sec (24) it is stated that the States should include in their reports
information about sexual harassment and measures to protect women from sexual harassment
and other forms of violence or coercion in the workplace.

The International Covenant of Economic & Social Rights contains several provisions
particularly important for women. Article 7 recognises her Right to fair conditions of work and
reflects that women shall not be subjected to sexual harassment at the place of work which may
vitiate the working environment.

Taking Cognizance of this repression all over, the United Nations passed various instruments
with a focus on women’s emancipation and with the object of enhancing the dignity of women
all over the world. The United Nations has come a long way from being a security agency to
become an organisation concerned with human rights, justice and equality. It has specially
generated enormous support for promotion and protection of women’s rights and empowerment .

General Assembly Resolution 48/104 on the Declaration on the Elimination of Violence

Against Women defines violence against women to include sexual harassment, which is
prohibited at work, in educational institutions, and elsewhere (Art. 2(b)), and encourages
development of penal, civil or other administrative sanctions, as well as preventative approaches
to eliminate violence against women (Art. 4(d-f)). The Convention on the Elimination of all
Forms of Discrimination against Women (CEDAW) directs States Parties to take appropriate
measures to eliminate discrimination against women in all fields, specifically including equality
under law, in governance and politics, the workplace, education, healthcare, and in other areas of
public and social life. (Arts. 7-16). Moreover, the Beijing Platform for Action, para. 178,
recognizes sexual harassment as a form of violence against women and as a form of
discrimination, and calls on multiple actors including government, employers, unions, and civil
society to ensure that governments enact and enforce laws on sexual harassment and that
employers develop anti-harassment policies and prevention strategies.

The Charter of Fundamental Rights of the European Union specifically enshrines the right to be
free from discrimination on the basis of sex, and Article 23 obligates states to ensure equality
between men and women in all areas. This principle has been further elaborated through several
directives dealing with sexual harassment, including Directive 2006/54/EC related to equal
opportunities in employment and the Directive 2004/113/EC related to equal treatment in access
to goods and services. These directives require member states to incorporate into national law the
following principles:

 The Charter of Fundamental Rights of the European Union prohibits discrimination on

the grounds of sex and enshrines the right to equal treatment between men and women in
all areas, including employment, work and pay, vocational training, and access to goods
and services;
 Clarify that sexual harassment constitutes discrimination on the grounds of sex;
 Prohibition, at a minimum, of behavior meeting the Directives’ definition of sexual
harassment in the workplace and in the provision of goods and services;
 Encourage employers to take measures to combat all forms of sexual discrimination and
prevent harassment in the workplace.
 The ILO Committee of Experts on the Application of Conventions and
Recommendations has confirmed that sexual harassment is a form of sex discrimination
covered by the Discrimination (Employment and Occupation) Convention (No. 111) of
 1958. The ILO’s Indigenous and Tribal Peoples Convention (No. 169) also specifically
prohibits sexual harassment in the workplace.
 The Preamble to the Declaration on the Elimination of Violence Against Women, 1993
states that the Declaration on the Elimination of Violence against Women is the first
international human rights instrument to exclusively deal with the issue of violence
against women. It affirms that violence against women violates, impairs or nullifies
women’s human rights and their exercise of fundamental freedom.
 Article 1 of the Declaration on the Elimination of Violence Against Women and the
Platform for Action from the Fourth World Conference on Violence Against Women
both define violence as:
 “Any act of gender-based violence that results in, or is likely to result in, physical, sexual
or psychological harm or suffering to women, including threats of such acts,coercion or
arbitrary deprivation of liberty, whether occurring in public or private life.”
 Thus, the Declaration gives a broad definition to the word violence and includes
psychological harm inflicted on women.
 Violence against women, according to Article 2 of the Declaration, would encompass but
not be limited to—
 (a) Physical, sexual and psychological violence occurring in the family including battery,
sexual abuse of female children in the household, dowry related violence, marital
rape,female genital mutilation and other traditional practices harmful to women, non
spousal violence and violence related to exploitation;
 (b) Physical, sexual and psychological violence occurring within the general community
including rape,sexual abuse, sexual harassment and intimidation at work in educational
institutions and elsewhere, trafficking in women and forced prostitution;
(c) Physical, sexual and psychological violence perpetrated or condoned by the state,
wherever it occurs.
 Giving directions to States, it was declared under Art. 4 that States should condemn
violence against women and should not invoke any custom, tradition or other religious
consideration to avoid their obligations with respect to its elimination. States should
pursue by all appropriate means and without delay a policy of eliminating violence
against and should consider the possibility of developing national plans of actions to
 promote the protection of women against any form of violence, or to include provisions
for that purpose in plans already existing, taking into account, as appropriate such
cooperation as can be provided by non-governmental organizations;

1. Adopt measures directed towards elimination of violence against women who are
especially vulnerable to violence at workplace.
2. Recognize the important role of women’s movements and non-governmental
organizations worldwide in raising awareness and alienating the problem of violence
against women.