"Women going to work to earn livelihood should be respected. Even police need to be sensitised on this issue," a Division Bench of Justices N H Patil and V L Achiliya noted and asked the police to file an FIR in the case and carry out a proper investigation.
The observation came during the hearing of a petition by a woman who alleged she was subjected to unwelcome comments and gestures by co-employees while travelling to work in a company bus.
"Workshops should be conducted to keep the police and even lawyers up-to-date with the changes in laws," Justice Patil maintained.
According to the petition, despite repeated complaints by the woman to the police, Maharashtra State Women Commission and Vigilance Cell of the Bhabha Atomic Research Centre (where she works), her case has been closed.
Last May, the woman had lodged a police complaint alleging that while travelling in the company bus from Kalva (in adjoining Thane) to BARC in Trombay, some co-employees and bus staff passed unwarranted comments at her.
Additional Public Prosecutor Madhvi Mhatre informed the HC police have recorded statements of the complainant and also of persons against whom allegations have been made.
"A preliminary inquiry revealed no offence has been committed. Hence, the police did not file an FIR," Mhatre said.
Not agreeing with the argument, Justice Patil said the police may not be convinced the complaint is strong enough to lodge an offence but we (court) can't rely on their view. "We can't sit on the police's judgement about the nature of offence based on mere preliminary inquiry."