There was an urgent need to send a strong message to the society that women should be respected, the Bombay High Court today observed while hearing a plea by a woman who was target of unwarranted comments from some of her colleagues.
"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.
The Bench said there was a need to create awareness in police force and among citizens about the amended section of the Indian Penal Code which makes such offences non-bailable.
"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.
Uday Warunjikar, counsel for the petitioner, argued that the police have not lodged an FIR and failed to conduct a proper investigation.
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."
Justice Achilya said "lodge an FIR first and conduct a proper investigation. You (police) can't take such matters lightly." The HC fixed January 30 for next hearing.
