New Delhi, Aug 31 - The Indian Army goes by the Army Act while probing allegations of sexual abuse. But in the process it may be blatantly overlooking guidelines issued by the Supreme Court on sexual harassment at workplace, say activists.

'We do not go by the Supreme Court's guidelines. The army officers first come under the Army Act and we take serious note of sexual allegations,' a senior Indian Army official told IANS requesting anonymity.

Former judge advocate general of Indian Army Maj. Gen. Neelendra Kumar said: 'The army has a standing policy that every case of serious nature invariably goes to the military court. The Supreme Court guidelines are not applicable as we have the Army Act.'

The apex court had issued guidelines for conducting inquiries into cases of sexual harassment at workplace in an August 1997 judgment and these are meant to be applicable in the absence of any specific legislation.

'In the absence of legislation to provide for guarantee against sexual harassment and abuse, particularly at workplace, the Supreme Court has laid down guidelines and norms for due observance at all workplaces or other institutions in India, until legislation is enacted for the purpose,' K.P.S. Satheesh, chairman of NGO The Guardian Foundation, told IANS.

The Army Act 1950, which was formulated for men when women had not been inducted into the forces, does not have specific provisions dealing with cases of sexual abuse. The allegations are generally clubbed with 'unbecoming conduct' on the part of officers.

'The army's argument that its personnel are under the Army Act cannot be accepted since the act was meant only for men. So in the absence of any specific rules, procedures or norms in the Army Act for solving sexual harassment at workplace, the apex court guidelines are very well applicable to the army as well,' Satheesh said.