Supreme Court on 19.10.2012, in case titled
as “Medha Kotwal Lele and Others vs. Union
of India and Others” [WRIT PETITION (CRIMINAL) NOS. 173-177 OF 1999 with T.C.
(C) NO. 21 OF 2001, CIVIL APPEAL NO. 5009 OF 2006, CIVIL APPEAL NO. 5010 OF
2006, has issued directions to State and Union territories to implement
guidelines in Vashaka case in relation to sexual harassment at work place.
The Supreme Court has issued directions as per the following:
“In what we have discussed above, we are of
the considered view that guidelines in Vishaka should not remain symbolic and the
following further directions are necessary until legislative enactment on
the subject is in place.
(i)
The States and Union Territories which have not yet carried out adequate
and appropriate amendments in their respective Civil Services Conduct Rules (By
whatever name these Rules are called) shall do
so within two months from
today by
providing that the
report of the
Complaints Committee shall be deemed to be an inquiry report in a disciplinary
action under such Civil Services Conduct Rules. In other words, the disciplinary authority
shall treat the report/findings etc. of the
Complaints Committee as the
findings in a disciplinary inquiry against
the delinquent employee and
shall act on such report
accordingly. The findings and the
report of the Complaints Committee
shall not be
treated as a
mere preliminary investigation or
inquiry leading to a disciplinary
action but shall
be treated as a finding/report
in an inquiry
into the misconduct
of the delinquent.
(ii)
The States and Union Territories
which have not
carried out amendments in the
Industrial Employment (Standing Orders)
Rules shall now carry out amendments on the same lines,
as noted above in clause (i) within two
months.
(iii) The States and Union Territories
shall form adequate number of Complaints Committees so as to ensure that
they function at taluka
level, district level and state
level. Those States
and/or Union Territories which have formed only one
Committee for the entire State shall
now form adequate number of
Complaints Committees within two months from today. Each of such Complaints Committees shall be
headed by a woman
and as far as
possible in such Committees an independent member shall be associated.
(iv)
The State functionaries
and private and
public sector undertakings/organisations/bodies/institutions etc.
shall put in
place sufficient mechanism to
ensure full implementation of
the Vishaka guidelines and
further provide that
if the alleged
harasser is found guilty, the complainant – victim
is not
forced to work
with/under such harasser and
where appropriate and possible the alleged harasser should
be transferred. Further provision
should be made
that harassment and intimidation of witnesses and the
complainants shall be
met with severe disciplinary action.
(v)
The Bar Council of India shall ensure that all bar associations in the country and persons
registered with the State Bar
Councils follow the Vishaka guidelines. Similarly, Medical Council
of India, Council
of Architecture, Institute
of Chartered Accountants,
Institute of Company Secretaries and
other statutory Institutes
shall ensure that
the organisations, bodies, associations, institutions and
persons registered/affiliated with them follow the guidelines laid down
by Vishaka.
To achieve this,
necessary instructions/circulars shall
be issued by all
the statutory bodies such as Bar Council
of India, Medical
Council of India, Council of
Architecture, Institute of Company Secretaries within two months from today. On receipt of any
complaint of sexual harassment at any of the places referred to above
the same shall
be dealt with
by the statutory bodies
in accordance with
the Vishaka guidelines
and the guidelines in the present
order. [Para 16]
We are of the view
that if there is any non-compliance
or non-adherence to the
Vishaka guidelines, orders
of this Court
following Vishaka and the above
directions, it will be open to the aggrieved
persons to approach the respective High Courts. The High Court of
such State would be in a better position to effectively
consider the grievances
raised in that regard. [Para 17]