In a landmark decision with significant implications for India’s outsourcing industry, the Supreme Court decided in February to allow the prosecution of Som Mittal, a former head of Hewlett Packard Global Software, for alleged liability in the rape and murder of a female employee.
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Pratibha Srikant Murthy, who worked in a call centre run by Hewlett Packard in Bangalore, was killed in December 2005 by a taxi driver contracted by the company to take her home after a late night shift.
The Karnataka Shops and Establishments Act, 1961, prohibits the employment of women and young persons between 8pm and 6am. However, a 2003 amendment allows IT companies to seek an exemption from this clause if several conditions – including the provision of transport with adequate security – are met. Similar rules apply in the states of Andhra Pradesh and Maharashtra.
Mittal, who is currently chief of the National Association of Software and Service Companies (NASSCOM), was managing director of Hewlett Packard Global Software when the incident took place.
An attempt by Mittal to have the case dismissed by the Karnataka High Court failed. He subsequently took the issue to the Supreme Court where a three-judge bench headed by the chief justice of India, KG Balakrishnan, rejected Mittal’s appeal. The judges ruled that as the head of the company he was responsible for the safety and security of his employees. Police in Karnataka now plan to seek Mittal’s prosecution.
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