MEDHA KOTWAL LELE AND OTHERSversusUNION OF INDIA

                      [2012] 9 S.C.R. 895


           MEDHA KOTWAL LELE AND OTHERS                                 A
                               v.
               UNION OF INDIA AND OTHERS
     (Writ Petition (Criminal) Nos. 173-177 of 1999 etc.)
                      OCTOBER 19, 2012
                                                                        B
[R.M. LODHA, ANIL R. DAVE AND RANJAN GOGOl,JJ.]

     SEXUAL HARASSMENT:

      Sexual harassment of women at work places - 'Vishaka'             C
 guidelines - Implementation of - Further directions given by
 Court to make amendments in service Rules and Industrial
 Employment (Standing Orders) Rules and to form adequate
number of Complaints Committees at different levels - Report
 of complaints Committee to be treated as report in the                 o
 disciplinary proceedings by Inquiry Officer and such report to
 be acted upon accordingly - State functionaries, private and
public sector organizations, Bar Council of India, State Bar
 Councils, Medical Council of India and all statutory
institutions directed to ensure that Vishaka guidelines and the         E
directions issued by the Court subsequently and in the instant
judgment are followed by all registered/affiliated bodies -
 Constitution of India, 1950 - Art. 141 - Public interest litigation.

     LEGISLATION:
                                                                        F
     Secure environment for women - Held: Even after 15
years of judgment in Vishaka, the statutory law is not in place
- The existing laws, if necessary, be revised and appropriate
new laws be enacted by Parliament and State Legislatures to
protect women from any form of indecency, indignity and                 G
disrespect at all places to prevent all forms of violence i.e.
domestic violence, sexual assault, sexual harassment at fhe
workplace, etc. and provide new initiatives for education and
advancement of women and girls in all spheres of life.
                                895                                     H
    896        SUPREME COURT REPORTS                        [2012] 9 S.C.R.

A        The instant group of matters were filed in the nature
    of public interest litigation highlighting individual cases
    of sexual harassment of women at work places and lack
    of effective implementation of 'Vishaka~ guidelines . The
    Court passed orders from time to time and issued notices
B   to all the State Governments. In view of the fact that even
    after several years of the judgment statutory law was not
    in place, the Court, on 26.4.2004, directed that the
    Complaints Committee as envisaged in Vishaka's case
    would be deemed to be an inquiry authority for the
C   purpose of Central Civil Services (Conduct) Rules, 1964
    and the report of the Complaints Committee would be
    deemed to be an inquiry report, and the disciplinary
    authority would act on the report in accordance with the
    Rules. The Court further directed that similar amendments
    be carried out in the Industrial Employment (Standing
0
    Orders) Rules. On 17.1.2006, the Court directed the Chief
    Secretaries of the States to ensure appointment of a
    nodal agent to collect the details and to give suitable
    directions. The Labour Commissioner was directed to
    take steps to ensure that the directions were fully
E   complied with as regards factories, shops and
    commercial establishments. Details of the steps taken
    were directed to be furnished. The State Governments
    filed affidavits.

F         D!sposing of the matters, the Court

      HELD: 1.1 From the affidavits filed by the State
  Governments, it transpires that some States have
  amended the Rules relating to duties, public rights and
  obligations of the government employees but have not
G made amendments in Civil Services (Conduct) Rules.
  Similarly, some States/Union Territories have not carried
  out amendments in the Standing Orders. The said States/
  Union Territories appear to have not implemented the
H   1.   Vishaka and Ors. vs. Stateof Rajasthan and Ors. 1997 (3) Suppl. SCR 404.
     MEDHA KOTWAL LELE v. UNION OF INDIA                  897


order passed by this Court on 26.4.2004. The States              A
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           B
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. Further, some States and Union
Territories seem to have not formed Complaints                   c
Committees as envisaged in the Vishaka guidelines.
Some States have constituted only one Complaints
Committee for the entire State. [para 9-10] (914-B-G]

    Vishaka and Ors. vs. Stae of Rajasthan and Ors. 1997
(3) Suppl. SCR 404 = (1997) 6 SCC 241 - referred to.             D

    Beijing Declaration and Platform for Action - referred to.

     1.2 The implementation of the guidelines in Vishaka
has to be not only in form but also in substance and spirit      E
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 women lawyers in Bar Associations, lady            F
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. [para
13] [915-D-F]
                                                                 G
    Seema Lepcha v. State of Sikkim & Ors. 2012 (2) Scale
635 - referred to

    1.3 Although Vishaka judgment came on 13.8.1997,
yet 15 years after the guidelines were laid down by this
                                                                 H
    898      SUPREME COURT REPORTS              [2012] 9 S.C.R.

A Court for the pr~vention and redressal of. sexual
  harassment and their due compliance under Art.141 of
  the Constitution of India until such time appropriate
  legislation was enacted by the Parliament, many women
  still struggle to have heir most basic rights protected as
B workplaces. The statutory law is not in place. This Court
  is 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
c 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. [para 1 and 15]
D [901-G; 902-A-B; 916-D-F]
         1.4 This Court is 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:
E
          (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
F         called) shall do so within two months 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. The
          disciplinary authority shall treat the report/findings
          etc. of the Complaints Committee as the findings in
G
          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
H
MEDHA KOTWAL LELE v. UNION OF INDIA               899


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
                                                         8
out amendments on the same lines, as noted in
clause (i) above 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 C
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. Each
of such Complaints Committees shall be headed by o
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          E
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           F
harasser should be transferred. Further provision
should be made that the harassment and intimidation
of witnesses and the complainants shall be met with
severe disciplinary action.
                                                         G
(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          H
    900       SUPREME COURT REPORTS                  [2012] 9 S.C.R.


A         Accountants, Institute of Company Secretaries and
          other statutory Institutes shall ensure that the
          organisations, bodies, associations, institutions and
          persons registered/affiliated 'with them follow th&'
          guidelines laid down by Vishaka. To achieve this,
B         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.
          On receipt of any complaint of sexual harassment
          the same shall be dealt with by the statutory bodies
c         in accordance with the Vishaka guidelines and the
          guidelines in the present order. [para 16) [916-G-H;
          917-A-H; 918-A-D]

       1.5 If there is any non-compliance or non-adherence
D 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, which would be in a better position to effectively
  consider the grievances raised in that regard. [para 17)
E [918-E]
                           Case Law Reference:
          1997 (3) Suppl. SCR 404 referred to               para 1

F
          2012 (2) Scale 635           referred to          para 1
        ORIGINAL CRIMINAL JURISDICTION : Writ Petition (Crl.)
    Nos. 173-177 of 1999 etc.

          Under Article 32 of the Constitution of India.
G
                                  WITH
    T.C. (C) No. 21 of 2001, C.A. Nos. 5009 and 5010 of 2006.

       A. Mariarputham, AG, Colin Gonsalves, T.S. Doabia, Dr.
    Manish Singhvi, AAG, Jayshree Satpute, Jyoti Mendiratta,
H
        MEDHA KOTWAL LELE v. UNION OF INDIA                             901


Aparna Bhat, S. Uday Kr. Sagar, Krishna Kumar Singh. A
 Praseena E. Joseph (for Lawyer's Knit & Co.), Sunita Sharma,
 Sadhana Sandhu, B.V. Bairam Das, Sushma Suri, M.S.
Doabia, Asha G. Nair, S.S. Rawat, Rashmi Malhotra, D.S.
Mahra, B. Balaji, J.M. Khanna, Anil Shrivastav, Rituraj Biswas,
Hemantika Wahi, Shail Kumar Dwivedi, Tara Chandra Sharma, B
Ashok Mathur, Abhijit Sengupta, Riku Sarma, Navnit Kumar (for
Corporate Law Group), Milind Kumar, Ranjan Mukherjee, S.
Bhowmick, S.C. Ghosh, Sushil Kumar Jain, A. Subhashini,
Guntur Prabhakar, Rajeev Sharma, Sanjay R. Hegde, V.G.
Pragasam, S.J. Aristotle, Praburamsubramanian, Anuvrat                          c
Sharma, G. Prakash, T.V. George, Meenakshi Arora, Vasav
Anantharaman, Naresh K. Sharma, Khwairakpam Nobin Singh,
S. Biswajit Methei, Shreekant N. Terdal, V.D. Khanna, Aruna
Mahtur, Novlta (for Arputham, Aruna & Co.), Rachana
Srivastava, B.S. Banthia, Kamakshi S. Mehlwal, D.P. Mohanty D
(for Parekh & Co.), V.N. Raghupathy, Hari Shankar K., Abhinav
Mukherji, Pramod Dayal, Ardhendumauli Kumar Prasad, Madhu
Sikri, Chiraranjan Addey, Shrish Kumar Misra, Praveen
Swarup, Akshay Verma, Sushma Verma, Rameshwar Prasad
Goyal, Pragati Neekhra, Mukul Singh, Aruneshwar Gupta, H.S. E
Parihar, Gopal Prasad, P.V. Yogeshwaran, Atul Jha, Sandeep
Jha, Dharmendra Kumar Sinha, Arun K. Sinha, Ratan Kumar
Choudhuri, Sunil Fernandes, Shashank Kumar Lal, S.
Thananjayan, P.V. Dinesh, Mitter & Mitter Co., Gopal Singh,
Dinesh Kumar Garg, Chandan Ramamurthi, Shivaji M. Jadhav,
Sunil Kumar Verma, Bina Madhavan, Jogy Scaria, E. Enatoli F
Serna, Amit Kumar Singh, D. Mahesh Babu, Mayur R. Shah,
Amit K. Nain for the appearing parties.

      The Judgment of the Court was delivered by
                                                                                G
      R.M. LODHA, J. 1. The Vishaka 1 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
1.   Vishaka and Ors. vs. Stateof Rajasthan and Ors. 1997 (3) Suppl. SCR 404.   H
    902      SUPREME COURT REPORTS                  [2012] 9 S.C.R.

A   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
B   Lok Sabha is said to have passed that Bill in the first week of
    September, 2012. The belief of the Constitution 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
c   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
D   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
E   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".

F       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
G
          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
H
 MEDHA KOTWAL LELE v. UNION OF INDIA                     903
          [R.M. LODHA, J.]

harassment by taking all steps required.                        A

2. Definition:

For this purpose, sexual harassment includes such
unwelcome sexually determined behaviour (whether directly
or by implication) as:                                          8

 (a)   physical contact and advances;

 (b)   a demand or request for sexual favours;

 (c)   sexually-coloured remarks;
                                                                c
 (d)   showing pornography;

 (e)   any other unwelcome physical, verbal or nonverbal
       conduct of sexual nature.                                D
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             E
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     F
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 rajses any
objection thereto.
                                                                G
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
                                                                H
    904       SUPREME COURT REPORTS                 [2012] 9 S.C.R.


A         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
          (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
c         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,
D         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
E         reasonable grounds to believe that she is disadvantaged
          in connection with her employment.

          4. Criminal proceedings:

          Where such conduct amounts to a specific offence under
F
          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
G         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:
H
 MEDHA KOTWAL LELE v. UNION OF INDIA                   905
          [R.M. LODHA, J.]

Where such conduct amounts to misconduct in employment        A
as defined by the relevant service rules, appropriate
disciplinary action should be initiated by the employer in
accordance with those rules.

6. Complaint mechanism:
                                                              B
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- C
bound treatment of complaints.

7. Complaints Committee:

The complaint mechanism, referred to in (6) above, should
be adequate to provide, where necessary, a Complaints         0
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.        E
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.
                                                              F
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     G
reports of the Complaints Committee to the Government
Department.

8. Workers' initiative:
                                                              H
    906       SUPREME COURT REPORTS                 [2012] 9 S.C.R.


A         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
          employeremployee meetings.

B         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.
c
          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
D
          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
E         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."
F      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
G 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
H has passed certain orders from time to time. Notices were
     MEDHA KOTWAL LELE v. UNION OF INDIA                   907
              [R.M. LODHA, J.]

issued to all the State Governments. The States have filed their   A
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
                                                                 8
    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 be an inquiry report under the CCS Rules.
    Thereafter the disciplinary authority will act on the report C
    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 D
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:
                                                                   E
    "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 F
    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 G
    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 H
    908       SUPREME COURT REPORTS                   [2012] 9 S.C.R.


A         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
B         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
c         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 commercial
D         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
E         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
F         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
G
          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:
H
     MEDHA KOTWAL LELE v. UNION OF INDIA                     909
              [R.M. LODHA, J.]
                                                                    A

    The amendments in the Civil Services Conduct Rules and
the Standing Orders have not been made so far.

GUJARAT
                                                                    B
     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 whetherin such committees NGO
members have been associated.                                       c
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   D
Complaints Committees are headed by women.

HIMACHAL PRADESH

    There is nothing to indicate that the State of Himachal         E
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
                                                                    F
     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
                                                                    G
   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.
                                                                    H
    910      SUPREME COURT REPORTS                 [2012] 9 S.C.R.


A 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
8
    preservation and enforcement. A notification has been issued
    giving necessary directions to all private bodies.

    SIKKIM

c         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.

D 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
E have been constituted.

    WEST BENGAL

        The amendments in the Rules relating to duties, rights and
  obligations of government employees have been made. The
F 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
G institutions under the Government, Complaints Committees
  have been formed in 6.

    MADHYA PRADESH

          Although State of Madhya Pradesh has made
H
     MEDHA KOTWAL LELE v. UNION OF INDIA                   911
              [R.M. LODHA, J.]

amendments in the Civil Services Conduct Rules but no             A
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      B
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       C
Civil Services Conduct Rules as well as the St~nding Orders.
70 Complaints Committees have been constituted at the
headquarters of different Directorates and 58 Complaints
Committees have been constituted in various Field Offices.
                                                                  D
ORI SSA
     No amendments in the Civil Services Conduct Rules and
the Standing Orders have been made.

ANDHRA PRADESH                                                    E

    Amendments in the Civil Services Conduct Rules and in
the Standing Orders have been made.

KARNATAKA
                                                                  F
     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, G
an outside member, i.e., an NGO has been associated.

RAJAS THAN
    The State of Rajasthan has carried out amendments in the      H
    912     SUPREME COURT REPORTS                [2012] 9 S.C.R.


A   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
8   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.

C MEGHALAYA
        The State of Meghalaya has neither carried out
    amendments in the Civil Services Conduct Rules nor in the
    Standing Orders.

D   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
E   constituted in most of the state government departments and
    organisations.

    ASSAM

        Amendments in the Civil Services Conduct Rules have
F   been made but no amendments have been carried out in the
    Standing Orders.

    MANIPUR

G         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.
H
      MEDHA KOTWAL LELE v. UNION OF INDIA                 913
               [R.M. LODHA, J.]

UTTAR PRADESH                                                    A

    Amendments both in the Civil Services Conduct Rules and
the Standing Orders have been carried out.

JAMMU AND KASHMIR
                                                                 B
     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.

NA GA LAND
                                                                 c
    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.
                                                                 D
ARUNACHALPRADESH

        The State of Arunachal Pradesh has neither carried out
amenaments in the Civil Services Conduct Rules nor in the
Standing Orders. There is only one State Level Committee for     E
tt.<:: entire State of Arunachal Pradesh.

KERA LA

    Amendments in the Civil Services Conduct Rules and in
the Standing Orders have been carried out. There are 52          F
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                                                        G

     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.
                                                                 H
    914      SUPREME COURT REPORTS                 [2012] 9 S.C.R.


A   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.
         9. From the affidavits filed by the State Governments, it
8
    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
C   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.
D   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
E   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.
F       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.
G
        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
H   Rules. Some of the Union Territories like Dadra and Nagar
        MEDHA KOTWAL LELE v. UNION OF !NOIA                                 915
                 [R.M. LODHA, J.]

Haveli and Chandigarh are reported to have not yet formed                           A
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
                                                                 9
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 C
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                      D
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                     E
of sexual harassment of the women lawyers in Bar
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 Lepcha 2 this Court gave the following                            F
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 G
      Vishaka's case and the directions given in Medha Kotwal's
      case by getting the same published in the newspapers

2.   Seema Lepcha v. State of Sikkim & Ors. [Petition for Special Leave to Appeal
     (Civil) No. 34153/2010 decided on 3.2.2012.                                    H
    916       SUPREME COURT REPORTS                  [2012] 9 S.C.R.


A         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
B
          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
c         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."

0        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
E   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 and
F   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
G   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
H   carried out adequate and appropriate amendments in their
      MEDHA KOTWAL LELE v. UNION OF INDIA                         917
               [R.M. LODHA, J.]
respective Civil Services Conduct Rules (By whatever name                A
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       B
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      c
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               D
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   E
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                 F
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               G
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
                                                                         H
    918     SUPREME COURT REPORTS                [2012] 9 S.C.R.

A   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
B 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.
C 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
D 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
E or nonadherence 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.
F       18. Writ petitions (including T.C.) and appeals are
    disposed of as above with no orders as to costs.

    R.P.                                     Matters disposed of.