TaxTMI 
TaxTMI 
2012 (10) TMI 1269
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.... Joseph Aristotle, Prabu Ramasubramanian, Anuvrat 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 1....
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.... (b) a demand or request for sexual favours; (c) sexually-coloured 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 oblig....
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....n 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: 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....
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....ppears 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 Secretari....
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....uct) 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. 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 car....
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....as 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 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 PRA....
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....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 an....
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.... 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 Emplo....