Directions on Sexual Harassment by Supreme Court
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Medha Kotwal Lele vs. Union of India: An Analysis
Sexual harassment is a problem, Indian society have been facing from the past several decades. And more often than not, cases of sexual harassment of women at workplace are increasing at an unprecedented pace. And the most horrifying picture of sexual harassment came before Supreme Court during 1997, in the case of Vishaka and Others v. State of Rajasthan and Ors., wherein a publicly employed social worker was brutally gang raped at her workplace. Thereafter, the case came before the courts and finally went to appeal before the Supreme Court, wherein it held that women has fundamental right to live life with dignity and equality, practice any professional that she likes. However, Supreme Court further clarified that right to practice any professional further requires a right of safeguard against sexual harassment at workplace.
TABLE OF CONTENTS
- Introduction
- Vishaka and Others v. State of Rajasthan and Ors.
- Vishakha’s guidelines
- Protection of Women against Sexual Harassment at Workplace Bill 2010
- Letter to Supreme Court
- Letter Converted Into Writ Petition
- Reliance on National Laws and International Laws
- List of National Laws
- Medha Kotwal Lele case facts
- Directions of Supreme Court
- Decision and direction by Supreme Court
- Conclusion
However, Supreme Court raises its concern stating that in absence of any legislative safeguards to protect women from being sexually harassed at workplace and stated that “affective alternative mechanism” was needed to prevent the violations of women’s fundamental rights in the workplace.
Vishakha’s Guidelines
Thus, in order to combat such violations of women’s fundamental rights, Supreme Court framed certain guidelines, more infamously known as “Vishakha guidelines” to prevent and redress sexual harassment against women at workplace.
After the guidelines were framed by Supreme Court, legislation being Protection of Women against Sexual Harassment at Workplace Bill 2010 was introduced in the Lok Sabha and was passed in Lok Sabha in September 2012, however was pending approval in Rajya Sabha, therefore was not in force so far and hence, women were still without any protection against sexual harassment at workplace.
However, even after Supreme Court framing guidelines for protection of women against sexual harassment at workplace, cases of women facing sexual harassment at their workplace were rocketing the country.
Letter to Supreme Court
Therefore, Medha Kotwal Lele, a coordinator of Aalochana, which is a center for documentation and research on women and other women ’s rights groups, together with other groups forwarded a letter to the judges of Supreme Court, thereby expressing their dissatisfaction and stating that even after guidelines were framed by the Supreme Court to prevent sexual harassment against women at their workplace, they were not effectively being implemented.
More so, despite the guidelines, women’s were being harassed at their workplace because the Vishaka Guidelines were being breached in both substance and spirit, thus women’s were suffering and their dignity was being insulted and their fundamental rights were being breached.
Letter Converted Into Writ Petition
Supreme Court treated the letter as petition and converted it into a writ petition, wherein the main question before Supreme Court was whether State Governments have implemented the necessary policies and procedures required to prevent sexual harassment of women at their workplace, as directed by the court under Vishakha’s guidelines?
Reliance on National Laws and International Laws
Supreme Court relied heavily not only on national laws but also on international laws, thereby quoting the Beijing Platform for action, which stated that “Violence against women both violates and impairs or nullifies the enjoyment by women of human rights and fundamental freedoms. Also, in all societies, to a greater or lesser degree, women and girls are subjected to physical, sexual and psychological abuse that cuts across lines of income, class and culture”.
List of National Laws
Supreme Court went on to observe that currently there are 5 national laws, which exists to prevent sexual harassment of women viz.:
- Article 141 of the Indian Constitution;
- Vishakha guidelines framed by Supreme Court;
- Protection of Women against Sexual Harassment Bill 2010, which was still pending;
- Central Civil Service (conduct) Rules, 1964 (CCS Rules);
- And, Industrial Employment (Standing Orders) Rules.
Supreme Court went on to add that even after so many laws being in place to prevent sexual harassment of women, India’s record on gender equality still remains poor. Court went on to add that “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. Furthermore, 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.”
Supreme Court came down heavily on state Governments holding that Vishakha guidelines were framed to help bring gender equality, thereby ensuring that women can work with dignity, decency and due respect. However, number of states were being falling short to implement Vishakha’s guidelines, thereby requiring both the employers and other responsible persons or institutions to observe them and to help prevent sexual harassment of women.
Supreme Court further observed that some states have made only few amendments rather than amending their entire legislation pertaining to sexual harassment, while other states have done even less. Therefore, Supreme Court reiterated that there is an obligation on the Government to prevent all forms of violence, especially sexual violence and stated that “lip service, hollow statements and inert and inadequate laws with sloppy enforcement are not enough for true and genuine upliftment of our half most precious population – the women”.
Directions of Supreme Court
Thereafter, Supreme Court directed the Government to adhere to the following directions:
- State Governments were needed to make necessary amendments to their CCS rules and standing orders;
- They were further required to ensure that there are necessary number of complaint committees within each state to hear complaints of sexual harassment. Furthermore, such committee must be headed by a women;
- Effective implementation of Vishakha guidelines must be ensured through sufficient mechanisms put in place;
- Lastly, Bar Council of India was directed to ensure that all bar associations in the country and persons registered with the State Bar Councils follow the Vishaka Guidelines. Similarly, the Medical Council of India, Council of Architecture, Institute of Chartered Accountants, Institute of Company Secretaries and other statutory Institutes were also directed to ensure that the organizations, bodies, associations, institutions and persons registered/affiliated with them should follow Vishaka Guidelines.
CONCLUSION
Sexual harassment is not only violation of women’s fundamental right but also the degradation of her mental status as well. The trauma they had to go through is unimaginable. Therefore, to curb such malpractices, Supreme Court framed Vishakha’s guidelines. However, even after 20 years of framing of such guidelines, women are still being subjected to harassment at their workplace.
Therefore, it is high time for legislature and Government to frame more stringent laws in order to protect the interest of women at large.