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TMI Blog2012 (10) TMI 1269X X X X Extracts X X X X X X X X Extracts X X X X ..... rat Sharma, G. Prakash, T.V. George, Meenakshi Arora, Vasav Anantharaman, Naresh K. Sharma, Khwairakpam Nobin Singh, Sapam Biswajit Meitei, Shreekant N. Terdal, V.D. Khanna, Aruna Mathur, Novita, Advs. for Arputham, Aruna and Co., Rachana Srivastava, B.S. Banthia, Kamakshi S. Mehlwal, Deba Prasad Mohanty, Advs. for Parekh and Co., V.N. Raghupathy, Hari Shankar K., Abhinav Mukherji, Pramod Dayal, Ardhendumauli Kumar Prasad, Madhu Sikri, Chira Ranjan Addy, Shrish Kumar Mishra, Praveen Swarup, Akshay Verma, Sushma Verma, Rameshwar Prasad Goyal, Pragati Nikhara, Mukul Singh, Aruneshwar Gupta, H.S. Parihar, Gopal Prasad, P.V. Yogeswaran, Atul Jha, Sandeep Jha, Dharmendra Kumar Sinha, Arun Kumar Sinha, Ratan Kumar Choudhuri, Sunil Fernandes, Shashank Kumar Lal, S. Thananjayan, P.V. Dinesh, Advs. Mitter and Mitter Co., Gopal Singh, Dinesh Kumar Garg, Chandan Ramamurthi, Shivaji M. Jadhav, Sunil Kumar Verma, Bina Madhavan, Jogy Scaria, E. Enatoli Sema, Amit Kumar Singh, D. Mahesh Babu, Mayur R. Shah and Amit K. Nain, Advs. JUDGMENT R.M. Lodha, J. 1. The Vishaka and Ors. v. State of Rajasthan and Ors. (1997) 6 SCC 241 judgment came on 13.8.1997. Yet, 15 years after the guideli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... loured remarks; (d) showing pornography; (e) any other unwelcome physical, verbal or nonverbal conduct of sexual nature. Where any of these acts is committed in circumstances whereunder the victim of such conduct has a reasonable apprehension that in relation to the victim's employment or work whether she is drawing salary, or honorarium or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto. 3. Preventive steps: All employers or persons in charge of workplace whether in the public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation they should take the following steps: (a) Express prohibition of sexual harassm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. The Complaints Committee must make an annual report to the Government Department concerned of the complaints and action taken by them. The employers and person-in-charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government Department. 8. Workers' initiative: Employees should be allowed to raise issues of sexual harassment at workers' meeting and in other appropriate forum and it should be affirmatively discussed in employer-employee meetings. 9. Awareness: Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner. 10. Third-party harassment: Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person-in-charge will take all steps necessary and reasonable to assist the affected person in terms of support and pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etails have been furnished. The counsel appearing for the States submit that they would do the needful at the earliest. It is not known whether the Committees as suggested in Vishaka case have been constituted in all the Departments/Institutions having members of the staff 50 and above and in most of the District level offices in all the States members of the staff working in some offices would be more than 50. It is not known whether the Committees as envisaged in the Vishaka case have been constituted in all these offices. The number of complaints received and the steps taken in these complaints are also not available. We find it necessary to give some more directions in this regard. We find that in order to co-ordinate the steps taken in this regard, there should be a State level officer, i.e., either the Secretary of the Woman and Child Welfare Department or any other suitable officer who is in charge and concerned with the welfare of women and children in each State. The Chief Secretaries of each State shall see that an officer is appointed as a nodal agent to collect the details and to give suitable directions whenever necessary. As regards factories, shops and commercia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... constituted Central Complaints Committee to look into complaints pertaining to cases of sexual harassment of working women at all workplaces for preservation and enforcement. A notification has been issued giving necessary directions to all private bodies. SIKKIM The amendments in the Civil Services Conduct Rules have been carried out and a notification has been issued for constitution of complaints committees by departments/institutions with 50 or above staff to look into sexual harassment of women at workplaces. UTTARANCHAL The State of Uttaranchal has carried out amendments in Civil Services Conduct Rules as well as the Standing Orders. The District Level and State Level Complaints Committees have been constituted. WEST BENGAL The amendments in the Rules relating to duties, rights and obligations of government employees have been made. The amendments in the Standing Orders have been carried out. Out of 56 departments of Government of West Bengal, Complaints Committees have been formed in 48 departments and out of 156 Directorates under the Government, Complaints Committees have been formed in 34 Directorates. of 24 institutions under the Gover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o amendments have been carried out in the Standing Orders. MANIPUR The State of Manipur has carried out amendments in the Civil Services Conduct Rules, but no definite information has been given regarding amendments in the Standing Orders. Only one Complaints Committee has been formed for the entire State. UTTAR PRADESH Amendments both in the Civil Services Conduct Rules and the Standing Orders have been carried out. JAMMU and KASHMIR The State of Jammu and Kashmir has carried out amendments in the Civil Services Conduct Rules. It is stated that steps are being taken for amendments in the Standing Orders. NAGALAND The amendments have been carried out in the Civil Services Conduct Rules by the State of Nagaland but no amendments have been carried out in the Standing Orders. ARUNACHAL PRADESH The State of Arunachal Pradesh has neither carried out amendments in the Civil Services Conduct Rules nor in the Standing Orders. There is only one State Level Committee for the entire State of Arunachal Pradesh. KERALA Amendments in the Civil Services Conduct Rules and in the Standing Orders have been carried out. There are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have not yet formed Complaints Committees. Daman and Diu have formed one Complaints Committee for the Union Territory. 12. While we have marched forward substantially in bringing gender parity in local self-governments but the representation of women in Parliament and the Legislative Assemblies is dismal as the women represent only 10-11 per cent of the total seats. India ranks 129 out of 147 countries in United Nations Gender Equality Index. This is lower than all South-Asian Countries except Afghanistan. Our Constitution framers believed in fairness and justice for women. They provided in the Constitution the States' commitment of gender parity and gender equality and guarantee against sexual harassment to women. 13. The implementation of the guidelines in Vishaka has to be not only in form but substance and spirit so as to make available safe and secure environment to women at the workplace in every aspect and thereby enabling the working women to work with dignity, decency and due respect. There is still no proper mechanism in place to address the complaints of sexual harassment of the women lawyers in Bar Associations, lady doctors and nurses in the medical clinics ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ese 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 enti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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