Indian Army violating guidelines on sexual harassment

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Indian Army violating guidelines on harassment

Army Act 1950 lacks specific provisions to deal with sexual abuse cases at

workplace

Published on 9/4/2009 1:34:21 PM

By Ritu Sharma

New Delhi: The Indian Army goes by the Army Act while probing allegations of

sexual abuse. But in the process it may be blatantly overlooking guidelines

issued by the Supreme Court on sexual harassment at workplace, say activists.

" We do not go by the Supreme Court's guidelines. The army officers first come

under the Army Act and we take serious note of sexual allegations, " a senior

Indian Army official told while requesting anonymity.

" The army has a standing policy that every case of serious nature invariably

goes to the military court. The Supreme Court guidelines are not applicable as

we have the Army Act, " former Indian Army Advocate General Maj Gen Neelendra

Kumar said.

The apex court had issued guidelines for conducting inquiries into cases of

sexual harassment at workplace in an August 1997 judgment and these are meant to

be applicable in the absence of any specific legislation.

The Army Act 1950, which was formulated for men when women had not been inducted

into the forces, does not have specific provisions dealing with cases of sexual

abuse. The allegations are generally clubbed with " unbecoming conduct " on the

part of officers.

However, K P S Satheesh, Chairman of NGO The Guardian Foundation argues that the

army's argument that its personnel are under the Army Act cannot be accepted

since the act was meant only for men.

" In the absence of any specific rules, procedures or norms in the Army Act for

solving sexual harassment at workplace, the apex court guidelines are very well

applicable to the army as well, " Satheesh said.

According to Defence Minister A K Antony, during the last five years, 11 cases

of sexual harassment have been reported in the armed forces, where the strength

of women officers remains minuscule.

Currently, 5,137 women officers serve in the armed forces. They include 4,101 in

the army, 784 in the air force and 252 in the navy.

A recent example is the case of Captain Poonam Kaur of the Army Supply Corps

(ASC). In July 2008, she alleged that three officers of her unit had mentally

and sexually harassed her and confined her illegally when she resisted their

advances.

The army then constituted a court of inquiry whereby all three officers denied

the allegations and she was found guilty on at least 20 counts, including

levelling false charges against her senior officers.

The apex court has succinctly laid down that any inquiry team investigating a

sexual harassment case should be headed by a woman, more than half the members

should be women and there should be third party participation in the inquiry

like that of a non-profit organisation.

However, the inquiry into Kaur's allegations was presided over by Brigadier RP

Attri of the army's Western Command headquarters. Among the three members of the

inquiry, only one was female and there was no representative from an NGO in the

panel.

The Guardian Foundation has moved an application on the army in the National

Commission for Women against " violation of guidelines and norms prescribed by

the Supreme Court while dealing with cases of sexual harassment at workplace " .

http://www.igovernment.in/site/Indian-Army-violating-guidelines-on-harassment/