Plea In SC Seeks Sexual Harassment Act Enforcement In Religious Institutions

Sexual Harassment Act Enforcement In Religious Institutions

An application has been recently filed in the Supreme Court advocating for the strict enforcement of the Sexual Harassment of Women at Workplace Act in all religious institutions and events.

This move is linked to ongoing allegations against the Isha Foundation, a prominent non-profit spiritual organization founded by Sadhguru Jaggi Vasudev.

The application, submitted by the OBC Mahasabha and others through advocate Varun Thakur, stems from a complaint by S. Kamaraj, a retired professor from Coimbatore. He alleges that his two well-educated daughters are being manipulated by the spiritual leader of the Isha Foundation.

The petition claims that the Isha Foundation, despite conducting various programs, fails to comply with the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. It highlights that large gatherings at religious events often occur without any enforcement of this crucial legislation.

According to the application, Chapters VII and VIII of the 2013 Act mandate the state to enforce and publicize the law effectively.

The petitioners emphasize the need for such regulations, particularly in light of a recent criminal case under the POCSO Act against a doctor associated with the Isha Foundation. This doctor is accused of molesting 12 girls at an Adivasi Government School.

The application asserts that the Isha Foundation has not implemented the 2013 Act, despite the legal requirement for workplaces, and argues that this lack of enforcement in religious settings contributes to incidents of harassment. The foundation employs thousands of workers and accommodates devotees for extended periods, yet its infrastructure lacks any indication of compliance with Section 4 of the Act.

The petition urges the court to mandate that the state ensure strict adherence to the Sexual Harassment of Women at Workplace Act in all religious institutions, regardless of faith—be it Hindu, Jain, Muslim, Sikh, Christian, or Buddhist.

On October 3, the Supreme Court had previously restrained the Tamil Nadu police from taking further action against the Isha Foundation, following orders from the Madras High Court. The court also transferred a habeas corpus petition to itself, requiring the police to submit a status report as requested by the High Court.

The Supreme Court’s intervention came after the Isha Foundation raised concerns about a police investigation involving around 150 officers entering its ashram under the High Court’s directives.

Earlier, the Madras High Court had ordered a police report on all criminal cases involving the foundation, following Kamaraj’s habeas corpus petition. He alleged that his daughters were being held captive and brainwashed at the Isha Yoga Centre.

While Kamaraj’s daughters stated in court that they were at the ashram voluntarily, the High Court acknowledged serious allegations against the institution and requested details on any related criminal cases. The Isha Foundation has denied all accusations made against it.