Top Court Rules “Compromise” Cannot Dismiss Sex Harassment Case

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The Supreme Court today ruled that a sexual harassment case cannot be dismissed merely because the complainant and the accused have reached a “compromise” or out-of-court settlement. The court overturned a controversial Rajasthan High Court ruling that had granted relief to a teacher accused of sexually harassing a minor student. The Supreme Court directed that the prosecution should proceed, emphasizing the importance of upholding legal processes in such serious cases.

The case originated in 2022 in Gangapur City, Rajasthan, where a minor Dalit girl filed a police complaint alleging sexual harassment by a government school teacher, Vimal Kumar Gupta. The case was registered under the Protection of Children from Sexual Offenses (POCSO) Act and the SC/ST (Prevention of Atrocities) Act, and the girl’s statement was recorded by the authorities.

However, in an attempt to quash the case, the accused teacher secured a statement from the girl’s family, allegedly signed on stamp paper, which claimed that the police complaint had been made due to a misunderstanding. The statement also expressed a desire for the case to be dropped, with no further action taken against the teacher. Initially, the police accepted this statement and filed a report based on it, but a lower court rejected this submission. Despite the rejection, the teacher appealed to the Rajasthan High Court, which controversially accepted the statement and ordered the cancellation of the FIR.

This ruling sparked a public outcry, particularly from social activists and advocates for survivors of sexual violence. Social worker Ramji Lal Bairwa took the matter to the Supreme Court, challenging the High Court’s decision. A bench of Justice CT Ravikumar and Justice PV Sanjay Kumar delivered a unanimous verdict in favor of continuing the prosecution. The bench set aside the High Court’s order, reinforcing the stance that sexual harassment cases should not be dismissed based on any compromise between the accused and the complainant, especially in cases involving minors.

The Supreme Court’s ruling sends a strong message about the importance of adhering to legal procedures and the sanctity of justice in sexual harassment cases. It reaffirms that such cases must be pursued, regardless of external pressures or alleged compromises. The decision serves as a reminder that the protection of victims, particularly minors and vulnerable groups, is paramount, and the justice system must remain steadfast in its commitment to addressing such crimes.

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