The court mandates senior police investigation into workplace harassment claims under the SC/ST Act to ensure appropriate legal action.

JUDGMENT

This writ petition is filed with following prayers:

i. An appropriate writ, order or direction may be issued to the respondents calling up on the details and the records resulted in the circumstances in which not moving of the criminal procedures on the basis of the complaints of the petitioner.

ii. An appropriate writ, order or direction may be issued directing the 3^rd and 4^th respondents to initiate incorporating proper sections of SC/ST Act against the 6th respondent as envisaged by the relevant Act.

iii. An appropriate writ, order or direction may be issued setting aside the order of the 5^th respondent produced as Exhibit P12 and to consider her case according to the complaint and the remedies sought in that iv. Grant such other reliefs as this Hon'ble High Court deems fit and proper in the circumstances of the case including costs of this petition.

(SIC)

2. According to the petitioner, she is a member of the Scheduled Caste community and is working as Class-IV employee at a destitute home, run by the Thiruvananthapuram Corporation. It is the case of the petitioner that she was molested at the work place by a male employee. She made complaint before the superiors and no action was initiated because of the influence of that employee is the submission of the petitioner. It is further stated by the petitioner that the 4^th respondent Station House Officer also not considered the complaint submitted by the petitioner. Subsequently based on the direction of the Magistrate Court, a crime is registered. It is the case of the petitioner that the offence under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act is also attracted. But no such offence is included in the First Information Report. It is also submitted that the Police is supporting the culprit and obtained Ext.P3 from the culprit and not proceeding with the case. Ext.P3 is a statement given by the alleged culprit stating that he committed some mischief and giving apology for the same. Hence the prayer in this writ petition is for a proper investigation in the crime.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. After hearing both sides, I think this is a matter to be looked into by a senior police officer. The investigation is to be conducted by a senior police officer not below the rank of Deputy Superintendent of Police. There can be a direction to the 3^rd respondent to appoint a senior police o the rank of Deputy Superintendent of Police to investigate the above crime.

Therefore, this writ petition is disposed of with following directions:

1. The 3^rd respondent is directed to depute a senior police officer not below the rank of Deputy Superintendent of Police to investigate Crime No.1800/2024 of Fort Police Station, Thiruvananthapuram, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment.

2. The new Investigating Officer will proceed in accordance with law, as expeditiously as possible.

3. All other contentions raised by the petitioner are left open.