CHENNAI: Courts must examine cases of sexual harassment with care and sensitivity, the Madras High Court has said.

Passing orders on a writ petition seeking to direct the Government to initiate appropriate action against a doctor facing sexual harassment charges, a Division Bench comprising Justice P. Sathasivam and Justice S. Tamilvanan said: "It is true that gender equality includes protection from sexual harassment and the right to work with dignity. But, in a case involving charge of sexual harassment, courts are required to examine the broader possibilities of the case, and must examine the entire material to determine the genuineness of the complaint.

"These kind of cases is to be dealt with [with] great sensitivity. Sympathy in favour of a superior officer is misplaced and, at the same time, the statement of the victim must be appreciated keeping in mind the entire gamut of the case." The matter relates to the petition, filed by the Tamil Nadu Village Health Nurses' Association, alleging that a doctor, P. Elangovan, abused and sexually harassed nurses. 0The Judges said the incident happened about a decade ago and that an all-women four-member inquiry committee was constituted in December 1997. Owing to an interim order of stay obtained by the petitioner-association, the committee could not proceed with the inquiry.

"In view of several details/particulars furnished in the affidavit, we are of the view that it is but proper to find out the truth in order to ameliorate the grievance expressed by the persons affected." The Bench then directed the Government to constitute a fresh inquiry committee and intimate its formation to the petitioner-association. A report shall be submitted in three months.

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