Summary of Recent judgment

Case: Medha Kotwal Lele & Ors v Union of India & Ors.



Date of Order / Judgment: 13th September, 2024

The Matter Heard by Bench: Justice Ranjan Gogoi, Justice Anil R. Dave, Justice R.M. Lodha

Background

In the landmark case of Medha Kotwal & Ors. Vs. Union of India, the Supreme Court of India addressed the implementation and enforcement of the Vishaka Guidelines. These guidelines were established to combat sexual harassment at the workplace and were meant to serve as a framework for institutions until a legislative enactment could be made. The case focused on ensuring that the Vishaka Guidelines were not merely symbolic and that practical measures were put in place to enforce them effectively.

Issues
  • 1. Effective implementation of the Vishaka Guidelines, till the legislation is in place.
Observation

The Supreme Court observed that despite the Vishaka Guidelines being in place, their implementation was often inadequate and lacked enforceability. The Court recognized the need for specific directions to ensure that the guidelines were effectively incorporated into various rules and practices. It was noted that complaints committees were essential for addressing grievances and that their reports should be treated with the seriousness of a disciplinary inquiry.

Decision

The Supreme Court issued the following directions:

  • 1. Civil Services Conduct Rules: States and union territories were ordered to amend their Civil Services Conduct Rules within two months to ensure that reports of Complaints Committees are treated as inquiry reports in disciplinary actions.
  • 2. Industrial Employment (Standing Orders) Rules: Similar amendments were mandated for the Industrial Employment (Standing Orders) Rules within two months.
  • 3. Complaints Committees Formation: States and union territories were directed to form an adequate number of Complaints Committees at taluka, district, and state levels, each headed by a woman and including an independent member.
  • 4. Implementation Mechanisms: All public and private sector organizations were required to establish mechanisms for implementing the Vishaka Guidelines, ensuring that complainants are not forced to work with alleged harassers and that harassment of witnesses is met with severe disciplinary action.
  • 5. Compliance by Professional Bodies: The Bar Council of India, Medical Council of India, and other statutory bodies were instructed to ensure adherence to the Vishaka Guidelines by their affiliated organizations and members.