Delhi Court convicts ex-regional manager Srilankan Airlines

16 September 2020 11:23 pm - 16     - {{hitsCtrl.values.hits}}

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A Delhi Court on Wednesday ordered conviction of Lalit D’Silva Former Regional Manager (India) of Srilankan Airlines on charge of outraging the modesty of a female employee. Metropolitan Magistrate Dev Saroha, at Patiala House Court pronounced the verdict through video conferencing today and will decide the quantum of sentence on 17th November 2020 in presence of the accused Lalit D’Silva. 

The sentence wasn’t pronounced by the Court as the accused, Lalit D’Silva wasn’t physically present before the Court today in wake of the pandemic and non operation of international flights, as its necessary for the accused to be present at the time of pronouncement of quantum of sentence as per the Procedure code. 

The Complainant’s lawyer Advocate Ajay Verma, while talking to India Legal said “The victim a woman with strong will power has been fighting  for her honour. She remained consistent in her testimony. Despite giving her best performance for 12 years to the company, the airline was insensitive and did not create safe working Environment for women. She was illegally terminated also. The termination has also been challenged before the Industrial Tribunal. The proceedings are pending. The Airline is also facing criminal trial for failure to have the Internal Complaint Committee (ICC) as mandated under The sexual harassment of women at workplace Prevention,Prohibition, and Redressal Act 2013 , Law as applicable in India to investigate the complaints of Sexual Harassment made by employees. The verdict will definitely will give other women a ray of hope to seek justice in case of harassment. The law has been enacted in 2013 but still in private sector it has not been strictly enforced. Many private institution in delhi don’t have ICC as mandated under the act.” 

According to the complainant (name of the complainant has been omitted to protect her identity), who was a sales executive at the Delhi office of Srilankan Airlines the accused jo people also who stopped her from filing a police complaint. Even after all the management people had assured her that they will take corrective action the accused, nothing was done. The complainant alleged that the accused, in his attempt to take revenge against her for complaining about sexual harassment committed by him, transferred her from Delhi to Kochi. The accused continuously used to harass her-while she was in Delhi after the incident and even after she joined the office in Kochi. 

The accused had argued that he had been falsely implicated in the case by the complainant when she had failed to get herself transferred back to Delhi Station from Coachin where she was transferred by the company. He defended himself by alleging that the complainant had failed to explain the delay in making her first complaint and that there are no witnesses to the alleged incident.

The Court observed that immediately after the incident took place the accused had made complaint to her seniors and waited for an action to be taken against the accused and made the complaint only after realising that no action will be taken against the accused who was a senior official in the company.

The Court found the complainant’s explanation for delay reasonable and noted that a woman in a social setting like ours is often subjected to many pressure in matters like these. The Court noted that factors like the social dignity of the complainant being on line and professional considerations like the accused her boss, could’ve played a role in the delay. 

The Court found the accused liable to be convicted under section 509 of IPC as it is proved beyond reasonable doubt that the accused uttered the impugned words with an intention to outrage the modesty of the complainant uttered the impugned words, as such he is.

The incident goes back to 2011 when a female employee of SriLankan Airlines had alleged that she was sexually harassed by the SriLankan Airlines Regional Manager. After she approached the SriLankan Airline’s authorities with her complaint, she was informed that an internal investigation would be done, but it didn’t take place. 

-India Legal Burea

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  Comments - 16

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  • Female Thursday, 17 September 2020 12:05 AM

    2011? Well better late than never. Congratulations Madam. You are a brave example for all women living in our masculin, sexist society.

    Clean mubd Thursday, 17 September 2020 01:59 AM

    People like this should not be given jobs that arouse their dormant passions

    Ram Thursday, 17 September 2020 02:39 AM

    Damn good for the rascal. It appears that he is Sri Lanka. Hope he will not be protected by anyone. He must face the music

    Ram Thursday, 17 September 2020 02:40 AM

    We hear such advances made by politicos and government high officials at home with no action when complained except victimisation. This will be a good eye opener

    Pāli Canon Thursday, 17 September 2020 02:56 AM

    GR and MR leave all committees aside and first appoint a committee to preserve the Buddhist culture and way of life and develop a programme to teach the Tripitaka from grass root level to the masses so these types of specimens dont walk the earth.

    Kumudu Thursday, 17 September 2020 05:46 AM

    Nothing ever gets done about complaints of this nature in Sri Lanka. There is a culture of sexual harrasment of females in Sri Lanka and in the majority of cases goes unpunished. This man will be protected by the SL authorities. Hope DM has the courage to publish this.

    Jedud Thursday, 17 September 2020 06:25 AM

    Good work for the Buddhist This low life racist Sri lanken ;There are plenty of them here

    Lumbini Thursday, 17 September 2020 06:47 AM

    Why the Srilankan Airlines was employing this guy with such a bad record?

    Mm Thursday, 17 September 2020 06:50 AM

    This is only the tip of the iceberg. Good she got justice. Many keep silent or enjoy it silently!

    Gajan Thursday, 17 September 2020 07:09 AM

    Anyone reading the judgement would think of India as a country where women work in safe environment and the people are generally law abiding, but a foreigner from Sri Lanka had sexually abused a local woman employee working under him. The reality is women are treated so bad in India and there is no protection for them in any work environment, raping and killing of women are too frequent. This Sri Lankan is being punished with no eye witness for the alleged incidents is because he is a foreigner.

    Senaka Thursday, 17 September 2020 07:16 AM

    In Srilankan style anything goes, Rajapaksha family owned country, but fools will never realize what they’re doing to pillage a country that’s debt ridden

    Ranbanda Weerakoan Thursday, 17 September 2020 08:54 AM

    Comments are disgusting. We take the side of foreigners and immediately think our guy is guilty. This is our slave mentality. This guy is known to me and he is a fine gentleman. He was stationed in Abu Dhabi and was helping many migrant workers. He is a very decent man. This Indian woman may have falsified charges. Do you think there is good justice in India. Then why even 3 year girls are being raped every day. India is a racist country too. Another point is the disgusting commentors blame buddhism while he is a good Christian and also Rajapakshas. This means , these disgusting commentors can turn anything and everything against Buddhists and Rajapakshas. This also shows the third class mentality of the Daily Mirror editor. My comments will not be published but I just want the editor to know that you are a third grade disgusting person.

    BuffaloaCitizen Thursday, 17 September 2020 09:05 AM

    Gajan - Your a typical yakko type bullshitter. In India women get sexually harassed obviously more than SL in comparison to population but they have firm Legal Systems and very strong Female Lobby to address such issues. Did you know, Indian SC gave a land mark judgement when Homosexuals were given their rightful place in society, will you see such a thing happening in SL even in 1000 years? Why? Because we are just boru and pada show fellows. If this women was harassed in SL, she would now be facing State Harassment and a plot to vindicate the top official will be hatched depending on his connections with the Rajapakse's. Remember, Vidanapathirana Chairman of Tangalle PS was a free man for many years after the murder and rape he committed and only due to intervention of many countries including the UN that made GOSL to get him arrested and sentenced. When this happens to your mother, sister, daughter or wife you will realize

    FF Thursday, 17 September 2020 09:14 AM

    VERY COURAGEOUS WOMAN. WELL DONE

    prema muhandiram Thursday, 17 September 2020 10:51 AM

    No one should comment on this type of cases without proper assessment of facts as it affect the dignity and personal character. How do you Compensate the damage already made if he found not guilty by subsequent higher court.

    Rhonda Taylor Thursday, 17 September 2020 11:27 AM

    Damn good for these bosses who think they can get away by insulting and ridiculing their female subordinates. Throw the Bastard in jail so that he will learn to respect every female in his life time. First and foremost learn to talk or you will lose your tongue which God has blessed you with


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