Economic Offences Advocate

It's a moment of introspection and anticipation for us to find out our total
contribution to the society we live in. In spite of the historic crusade
against the shameful crime of rape 14 months ago, we are lying
paralyzed as a society while many other Nirbhayas are being robbed of
their modesty. The masses seem to have been media-sick, that if there is
no hullabaloo about an issue it doesn't deserve attention from them.
A leading consultancy giant based in Chicago, USA which operates
worldwide in outsourcing, consulting & reinsurance brokerage and has
offices in India at Gurgaon & Noida, has been blamed of harnessing
harassment at workplace. Had it been just harassment, no brows would
have raised but it's being sexual has raised many uncomfortable
questions for everyone amongst us. Aon Hewitt Pvt. Ltd., the consulting
giant has nothing much to say about the shameful crime that had
happened within the walls of its Gurgaon office, which changed the life
of an independent, working girl forever. In the attempts of damage
control, the company issued a notice mentioning termination of the girl on
a preceding date. Needless to say that the company, in order to save its
image from being tarnished, tried its best to save its topnotch officials
who were accused of the sexual assault on the girl.

Economic Offences Advocate

Sukanya (name withheld for privacy reasons), 32, had been living a good life like
everyone of us, until she was forcibly transferred to the Gurgaon office of her
company, Aon Hewitt Pvt. Ltd., from Noida, where she worked previously. She was
unaware of the foul play inhibited in the transfer and ended up finding herself in
trouble & embarrassment when undue demands of her seniors transformed unethical.
She was made captive for hours after the working hours, forced to watch porn, was
finally raped & filmed, embarrasses the fact that they were helped by two female
seniors of Sukanya, who worked at the same office.
Sukanya, afraid of being blackmailed & compromised again, broke the ice and
came out of the painful dilemma. She recollected her devastated self and dared to
knock the doors of R.K.Puram Police Station in Delhi on 3rd December, 2013 but to
her surprise things worsened and she was explained how her life is going to be more
miserable if she goes forward against her powerful & influential bosses, not a
surprise that the message was delivered by the police itself. Helpless & grief-stricken
Sukanya tried to convey her message to the senior police officers but all went in vain.
In her own words, "Nobody called, nobody came, and nobody heard, just nobody!" It
was no surprise that the police were acting along the lines of the culprits; finally a
zero FIR was registered by Delhi Police at the R.K.Puram, which was sent to the
Gurgaon Police for further action. The Law Fraternity of Supreme Court of India and
criminal lawyers came as a savior for Sukanya, which extended its help to suffering
girl, as she was not in a condition to hire any of the high priced lawyers.

Economic Offences Advocate

Mr Kislay Pandey, noted Supreme Court of India Lawyer and founding

member Infova Foundation consented to take up her case and further
advised her in the most effective manner and provided her the moral
support she was in need of. It was Mr Pandey's attempts that Sukanya's case
went for media-trials and finally landed at the Patiala House Court. Mr.
Kislay Pandey, emphasising over the need of implementation of Vishakha
Guidelines in Sukanya's case said that "This is the 'rarest of the rare' cases
which includes a senior Police officer of ACP rank as accused for dissent &
fallacy in the administration of his duties, by willingly delaying action in the
case as filed at the Sushant Lok Police Station in Gurgaon". Zia Mody has
well written in the book, Ten Judgements that Changed India, "Judicial
activism reached its pinnacle in Vishakha vs. State of Rajasthan." The
judgment in her case was unprecedented in many respects, for instance the
Supreme Court of India for the very first time in history relied on the
international evidences and global legal apparatus with respect to the
crimes of similar nature. The case was a subsidiary of a different case
which involved rape of a community worker in Rajasthan; it established the
need of in-house grievance redressing system at workplaces in order to put
a check on sexual harassment at workplaces. By definition sexual
harassment includes unwelcome sexually determined behavior such as
physical contact and advances; demanding sexual favors; sexually colored
remarks; showing pornography; any other kind of unwelcomed physical
verbal or non-verbal conduct of sexual nature.

Economic Offences Advocate

Mr Pandey has sorted out all the facts and figures regarding the case and
revealed that the accused shall be awarded that their due soon, within the
new definitions of sections 375(c) and 376 of IPC and maintained that
Vishakha Guidelines be taken under consideration in Sukanya's case, which
binds the Police to register an FIR at the very moment they receive a
complaint. Vishakha Guidelines have been in practice ever since the
incorporation, the recent instance being Tehelka Chief's case. It establishes
that gender equality includes protection from sexual harassment and the
right to work with dignity as per our constitution & safe working
environment is fundamental right of a working woman. It further states that
working women should not be discriminated at the workplace against male
counterparts, and to ensure their dignity is the liability of the employer as it
is fundamental right of working women. Indian Legal System took a giant
leap when it incorporated the law on prevention of sexual harassment
against female employees at the workplace. The Sexual Harassment of
Women at Workplace Act, 2013, which involves prevention, prohibition and
redressing precisely The Sexual Harassment Act, has been published in the
Gazette of India with effect from April 23, 2013. Honorable Patiala House
Court has summoned the police team investigating Sukanya's case, on 15th
march 2014, it is believed that justice will find its course, may it be anything
that comes in way.