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REPORTABLE

IN THE SUPREME COURT OF INDIA ORIGINAL/APPELLATE JURISDICTION

WRIT     PETITION     (CRIMINAL)     NOS.     173-177     OF     1999   

Medha Kotwal Lele and Others           …… Petitioners

   Vs.

Union of India and Others           ……Respondents

WITH T.C.     (C)     NO.     21     OF     2001   

CIVIL     APPEAL     NO.     5009     OF     2006   CIVIL     APPEAL     NO.     5010     OF     2006   

JUDGMENT

R.M.     LODHA,     J  .  

The Vishaka1   judgment came on 13.8.1997. Yet,15 years  

after the guidelines were laid down by this Court for the prevention and  

redressal of sexual harassment and their due compliance under Article 141  

of the Constitution of India until such time appropriate legislation was  

enacted by the Parliament, many women still struggle to have their most  

basic rights protected at workplaces. The statutory law is not in place. The  

Protection of Women Against Sexual Harassment at Work Place Bill, 2010  

is still pending in Parliament though Lok Sabha is said to have passed that  

Bill in the first week of September, 2012.   The belief of the Constitution  

1 Vishaka and Others v. State of Rajasthan and Others; [(1997) 6 SCC 241] 1

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framers in fairness and justice for women is yet to be fully achieved at the  

workplaces in the country.  

2. This group of four matters –  in the nature of public interest  

litigation –  raises principally the grievance that women continue to be  

victims of sexual harassment at workplaces. The guidelines in Vishaka1 are  

followed in breach in substance and spirit by state functionaries and all  

other concerned.  The women workers  are subjected to harassment  

through legal and extra legal methods and they are made to suffer insult  

and indignity.

3.  Beijing Declaration and Platform for Action, inter alia,  states,  

“Violence against women both violates and impairs or nullifies the  

enjoyment by women of  human rights and fundamental freedoms……. 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”.

4. Vishaka guidelines require the employers at workplaces as  

well as other responsible persons or institutions  to observe them  and  

ensure the prevention of sexual harassment to women. These guidelines  

read as under :

“1. Duty of the employer or other responsible persons in  workplaces and other institutions: It shall be the duty of the employer or other responsible  persons in workplaces or other institutions to prevent or  deter the commission of acts of sexual harassment and to  provide the procedures for the resolution, settlement or  prosecution of acts of sexual harassment by taking all steps  required.

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2. Definition: For this purpose, sexual harassment includes such  unwelcome sexually determined behaviour (whether directly  or by implication) as:

(a) physical contact and advances; (b) a demand or request for sexual favours; (c) sexually-coloured remarks; (d) showing pornography; (e) any other unwelcome physical, verbal or non-

verbal 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 harassment as defined  above at the workplace should be notified, published and  circulated in appropriate ways. (b) The rules/regulations of government and public sector  bodies relating to conduct and discipline should include  rules/regulations prohibiting sexual harassment and provide  for appropriate penalties in such rules against the offender. (c) As regards private employers steps should be taken to  include the aforesaid prohibitions in the standing orders  under the Industrial Employment (Standing Orders) Act,  1946. (d) Appropriate work conditions should be provided in  respect of work, leisure, health and hygiene to further  ensure that there is no hostile environment towards women  at workplaces and no woman employee should have  reasonable grounds to believe that she is disadvantaged in  connection with her employment.

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4. Criminal proceedings: Where such conduct amounts to a specific offence under  the Indian Penal Code or under any other law, the employer  shall initiate appropriate action in accordance with law by  making a complaint with the appropriate authority. In particular, it should ensure that victims, or witnesses are  not victimized or discriminated against while dealing with  complaints of sexual harassment. The victims of sexual  harassment should have the option to seek transfer of the  perpetrator or their own transfer.  5. Disciplinary action: Where such conduct amounts to misconduct in employment  as defined by the relevant service rules, appropriate  disciplinary action should be initiated by the employer in  accordance with those rules. 6. Complaint mechanism: Whether or not such conduct constitutes an offence under  law or a breach of the service rules, an appropriate  complaint mechanism should be created in the employer's  organization for redress of the complaint made by the victim.  Such complaint mechanism should ensure time-bound  treatment of complaints. 7. Complaints Committee: The complaint mechanism, referred to in (6) above, should  be adequate to provide, where necessary, a Complaints  Committee, a special counsellor or other support service,  including the maintenance of confidentiality. The Complaints Committee should be headed by a woman  and not less than half of its members should be women.  Further, to prevent the possibility of any undue pressure or  influence from senior levels, 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:

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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 preventive action. 11. The Central/State Governments are requested to  consider adopting suitable measures including legislation to  ensure that the guidelines laid down by this order are also  observed by the employers in private sector. 12. These guidelines will not prejudice any rights available  under the Protection of Human Rights Act, 1993.”

5. In these matters while highlighting few individual cases of  

sexual harassment at the workplaces, the main focus is on the lack of  

effective implementation of Vishaka guidelines.  It is stated that the attitude  

of neglect in establishing effective and comprehensive mechanism in letter  

and spirit of the Vishaka  guidelines by the States as well as the employers  

in private and public sector has defeated the very objective and purpose of  

the guidelines.

6. In one of these matters, Medha Kotwal Lele, this Court has  

passed certain orders from time to time. Notices were issued to all the  

State Governments. The States have filed their responses.  On  26.4.2004,  

after hearing the learned Attorney General and learned counsel for the  

States, this Court directed as follows :

“Complaints Committee as envisaged by the Supreme Court  in its judgment in Vishaka’s case  will be deemed to be an  inquiry authority for the purposes of Central Civil Services  (Conduct) Rules, 1964 (hereinafter called CCS Rules) and  the report of the complaints Committee shall be deemed to  

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be an inquiry report under the CCS Rules. Thereafter the  disciplinary authority will act on the report  in accordance  with the rules.”

This Court further directed in the order dated 26.4.2004 that similar  

amendment shall be carried out in the Industrial Employment (Standing  

Orders) Rules. As regards educational institutions and other  

establishments, the Court observed that further directions would be issued  

subsequently.

7. On 17.1.2006, this Court in couple of these matters passed the  

following order:

“These matters relate to the complaints of sexual  harassment in working places. In Vishaka vs. State of  Rajasthan, (1997)  6SCC 241, this Court issued certain  directions  as to how to deal with the problem.  All the States  were parties to that proceedings.  Now, it appears that the  directions issued in Vishaka case were not properly  implemented by the various States/Departments/Institutions.  In a rejoinder affidavit filed on behalf of the petitioners, the  details 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.

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As regards factories, shops and commercial establishments  are concerned, the directions are not fully complied with.  The Labour Commissioner of each State shall take steps in  that direction.  They shall work as nodal agency as regards  shops, factories, shops and commercial establishments are  concerned.  They shall also collect the details regarding the  complaints and also see that the required Committee is  established in such institutions. Counsel appearing for each State shall furnish the details  as to what steps have been taken in pursuance of this  direction  within a period of eight weeks.  Details may be  furnished as shown in the format furnished by the petitioners  in the paperbooks.  A copy of this format shall form part of  the order.  The above facts are required at the next date of  hearing.  A copy of this order be sent to the Chief Secretary  and Chief Labour Commissioner of each State for taking  suitable action.”

8. From the affidavits filed by the State Governments the  

following position emerges in respect of each of these States:  

GOA The amendments in the Civil Services Conduct Rules and  the  

Standing Orders have not been made so far.    

GUJARAT No amendments in the Civil Services Conduct Rules and  the  

Standing Orders have been made so far. It is not stated that all Complaints  

Committees are headed by women.  There is no information given  whether  

in  such committees NGO members have been associated.

NCT     OF     DELHI   The amendments in the Civil Services Conduct Rules have been  

made.  The  position about amendments in the Standing Orders has not  

been clarified.  It has not been specified that all Complaints Committees  

are headed by women.  

HIMACHAL     PRADESH   7

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There is nothing to indicate that the State of Himachal Pradesh has  

made amendments in the Civil Services Conduct Rules and the Standing  

Orders. No details of formation of Complaints Committees have been  

given.

HARYANA The amendments in the Government Employees (Conduct) Rules,  

1966 have been made.  However, it is  not specified that the amendments  

in Standing Orders have been made.

MAHARASHTRA Necessary amendments in Maharashtra Civil Services (Conduct)  

Rules, 1974 have been made.  The Labour Commissioner has taken steps  

for amending Mumbai Industrial Employment (Permanent Orders) Rules,  

1959.

MIZORAM The State of Mizoram has amended Civil Services Conduct Rules  

and also 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.  

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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 Government, Complaints Committees have been  

formed in 6.  

MADHYA     PRADESH   Although State of Madhya Pradesh has made amendments in the  

Civil Services Conduct Rules but no amendments have been made in the  

Standing Orders. The Complaints Committees have been constituted in  

every office of every department right from the Head of the Department  

level to the District and Taluka level. The District Level Committees have  

been constituted under the chairmanship of the District Collector. The steps  

taken by the District Committees are monitored by the nodal departments.

PUNJAB The State of Punjab has carried out amendments in the Civil  

Services Conduct Rules as well as the Standing Orders. 70 Complaints  

Committees have been constituted at the headquarters of different  9

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Directorates and 58 Complaints Committees have been constituted in  

various Field Offices.

ORISSA No amendments in the Civil Services Conduct Rules and the  

Standing Orders have been made.  

ANDHRA     PRADESH    Amendments in the Civil Services Conduct Rules and in the  

Standing Orders have been made.    

KARNATAKA The amendments in the Civil Services Conduct Rules have been  

made by the State of Karnataka but no amendments have been made in  

the Standing Orders. It is stated that in most of the committees, the number  

of women members is above 50%. The Chairpersons are women and in  

most of the committees, an outside member, i.e., an NGO has been  

associated.

RAJASTHAN The State of Rajasthan has carried out amendments in the Civil  

Services Conduct Rules but no amendments have been carried out in the  

Standing Orders.

BIHAR The State of Bihar has made amendments in the Civil Services  

Conduct Rules but there is nothing to show that amendments in Standing  

Orders have been made.  However,  only one Complaints Committee has  

been constituted for the entire State.  

MEGHALAYA

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The State of Meghalaya has neither carried out amendments in the  

Civil Services Conduct Rules nor in the Standing Orders.

TRIPURA The State of Tripura has carried out the amendments in the Civil  

Services Conduct Rules. There are no Standing Orders applicable in  the  

State. 97 Complaints Committees have been constituted in most of the  

state government departments and organisations.

ASSAM Amendments in the Civil Services Conduct Rules have been made  

but no 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

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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 52 Complaints  

Committees in the  State. All such committees are headed by women and  

50% members of these committees are women and there is representation  

of NGO members in these committees.

TAMILNADU The State of Tamil Nadu has carried out amendments in the Civil  

Services Conduct Rules.  However, no amendments in the Standing Orders  

have been made so far.  

JHARKHAND The State of Jharkhand has carried out amendments in the Civil  

Services Conduct Rules.  However, no amendments in the Standing Orders  

have been made so far.  

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9. From the affidavits filed by the State Governments, it  

transpires that the States  of  Orissa, Meghalaya, Himachal Pradesh, Goa,  

Arunachal Pradesh and West Bengal have amended the Rules relating to  

duties, public rights and obligations of the government employees but have  

not made amendments in Civil Services Conduct Rules. Similarly, the  

States of Sikkim, Madhya Pradesh, Gujarat, Mizoram, Orissa, Bihar,  

Jammu & Kashmir, Manipur, Karnataka, Rajasthan, Meghalaya, Haryana,  

Himachal Pradesh, Assam, NCT of Delhi, Goa, Nagaland, Arunachal  

Pradesh, Jharkhand  and Tamil Nadu have not carried out amendments in  

the Standing Orders. These States appear to have not implemented the  

order passed by this Court on 26.4.2004 quoted above. The States which  

have carried out amendments in the Civil Services Conduct Rules and the  

Standing Orders have not provided that the report of the Complaints  

Committee shall be treated as a report in the disciplinary proceedings by  

an Inquiry Officer. What has been provided by these States is that the  

inquiry, findings and recommendations of the Complaints Committee shall  

be treated as a mere preliminary investigation leading to a disciplinary  

action against the delinquent.  

10. The States like Rajasthan, Meghalaya, Himachal Pradesh,  

Assam and Jammu and Kashmir seem to have not formed Complaints  

Committees as envisaged in the Vishaka  guidelines. Some States have  

constituted only one Complaints Committee for the entire State.  

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11.  The Union Territories of Andaman and Nicobar Islands,  

Daman and Diu, Lakshadweep, Dadra and Nagar Haveli and Puducherry  

have not made amendments in the Standing Orders. The Union Territory of  

Chandigarh does not seem to have carried out amendments in the Civil  

Services Conduct Rules. Some of the Union Territories like Dadra and  

Nagar Haveli and Chandigarh are reported to 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  

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Associations, lady doctors and nurses in the medical clinics and nursing  

homes, women architects working in the offices of the engineers and  

architects and so on and so forth.

14. In Seema Lepcha2   this Court gave the following directions:

“(i) The State Government shall give comprehensive  publicity to the notifications and orders issued by it in  compliance of the guidelines framed by this Court in  Vishaka’s case and the directions given in Medha Kotwal’s  case by getting the same published  in the newspapers  having maximum circulation in the State after every two  months. (ii) Wide publicity be given every month on Doordarshan  Station, Sikkim about various steps taken by the State  Government for implementation of the guidelines framed in  Vishaka’s case and the directions given in Medha Kotwal’s  case.  (iii) Social Welfare Department and the Legal Service  Authority of the State of Sikkim shall also give wide publicity  to the notifications and orders issued by the State  Government not only for the Government departments of the  State and its agencies/instrumentalities but also for the  private companies.”

15. As a largest democracy in the world, we have to combat  

violence against women. We are of the considered view that the existing  

laws, if necessary, be revised and appropriate new laws be enacted by  

Parliament and the State Legislatures to protect women from any form of  

indecency, indignity and disrespect at all places (in their homes as well as  

outside), prevent all forms of violence – domestic violence, sexual assault,  

sexual harassment at the workplace, etc; — and provide new initiatives for  

education and advancement of women and girls in all spheres of life. After  

all they have limitless potential. Lip service, hollow statements and inert  2 Seema Lepcha v. State of Sikkim & Ors. [Petition for Special Leave to Appeal (Civil) No. 34153/2010 decided on 3.2.2012]

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and inadequate laws with sloppy enforcement are not enough for true and  

genuine upliftment of our half most precious population – the women.   

16. 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.

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(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  

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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.  

17. 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.

18. Writ petitions (including T.C.)  and appeals are disposed of as  

above with no orders as to costs.

                     …………………….. J.                                    (R.M. Lodha)

                     ………………………J.                         (Anil R. Dave)

                     …………………….. J.                                    (Ranjan Gogoi)

NEW DELHI.

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OCTOBER  19, 2012.  

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