Delhi High Court Urges Central Vigilance in POSH Cases, Highlights Importance of Gender Sensitivity in Leadership

The Delhi High Court has emphasized the need for heightened vigilance by the Central government in handling appointments of individuals facing sexual harassment allegations, especially when considering leadership roles. The court’s stern advice comes in response to a Public Interest Litigation (PIL) challenging the appointment of a director at Union Bank of India, where the appointee faces such allegations.

During a hearing, the High Court remarked that sexual harassment at the workplace is a “serious matter” and that the government, as a “model employer,” must uphold the dignity of office by ensuring those appointed to high positions are free of such charges. The bench, led by Chief Justice Manmohan, expressed expectations for the government to take proactive remedial actions without needing judicial prompts to maintain office integrity and uphold gender sensitivity.

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The court also addressed concerns about the safety and security of female employees within such institutions, questioning the eligibility of individuals with pending sexual harassment charges for directorial roles. “If someone is charge-sheeted in a POSH case, he can’t be director of a bank. How will he manage the institution? Will the ladies be safe in the institution?” queried the bench, which also includes Justice Tushar Rao Gedela.

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The petitioner, represented by advocate Prashant Bhushan, argued that vigilance clearance, which is mandatory for board-level appointments in public sector banks, was inappropriately granted despite the appointee being charge-sheeted under a sexual harassment case. The court has granted additional time for authorities to respond to these allegations and is expected to revisit the matter in November.

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