Sakina Tashrifwala
Published on: September 7, 2022 at 18:09 IST
A petition moved by a German Woman, who came to India for NGO Volunteer work, reported sexual harassment against the General Secretary of the NGO. She came to India for a period of one year to teach German to students at a school run by the Sister Hatune Foundation.
The Kerala High Court issued notice to the General Secretary of the Asian Sector Headquarters of the Sister Hatune Foundation to initiate criminal proceedings based on the plea of sexual harassment complaints made by the German Volunteer Teacher.
The Court also issued notice to the Central government, the Commissioner, Bureau of Immigration, and the Foreigners Regional Registration Officer.
The Bench of Justice N Nagaresh held on to the nullification of her visa and exit permit.
She was issued a letter of non-gratuitous employment and came to India on a one-year work visa, which was to expire in 2023. She stated that she was informed that the NGO does not charge any fees and would not be paid for her work. Although, her food, accommodation, and travel expenses would be covered for free.
Nevertheless, these promises were not adhered to, and the quality of food and accommodation were pathetic. The general secretary of the foundation, one Aleyas, misbehaved and made sexual advances at her and other female students of the NGO.
She also highlighted that fees were also being collected by students, which was not practiced by the NGO, and when she went to try and disclose these facts, the general secretary fabricated a termination letter and sent it to the Foreigners Regional Registration Officer (FRRO).
The plea also expressed that the officers, without any enquiry, cancelled her visa and issued an exit permit without displaying any notice or formal order.
She thus sought out orders to the Central government and the Bureau of Immigration to initiate an enquiry to find the validity of the termination of service of the petitioner by the Foundation and also initiate prosecution proceedings against Aleyas for the various criminal offences allegedly committed by him as general secretary of the Foundation.
The Court heard the plea on an urgent basis and issued an urgent notice by speed post to the respondent-general secretary.