India's first legislation of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act") was enacted by the Ministry of Women and Child Development, India in 2013 after 16 years of the Supreme Court

CS Professional · Labour Laws & Practice · PYQS · December 2024
India's first legislation of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act") was enacted by the Ministry of Women and Child Development, India in 2013 after 16 years of the Supreme Court judgment in the case of Vishaka and Ors. v. State of Rajasthan and Ors. (1997 (7) SCC 323). Sexual harassment of a woman in workplace is of serious concern to humanity on the whole. It cannot be construed to be in a narrow sense, as it may include sexual advances and other verbal or physical harassment of a sexual nature. The victims of sexual harassment face psychological and health effects like stress, depression, anxiety, shame, guilt and so on. The Supreme Court stated that the Vishaka Guidelines had to be implemented in form, substance and spirit in order to help bring gender parity by ensuring women can work with dignity, decency and due respect. It noted that the Vishaka Guidelines require both employers and other responsible persons or institutions to observe them and to help prevent sexual harassment of women. Further, the Court held that a number of states were falling short in this regard and reiterated that there is an obligation to prevent all forms of violence. It 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". In view of the above decision of the Court, highlight the importance of Medha Kotwal Lele and Ors. V. Union of India judgement.

Answer & Explanation:

In Medha Kotwal Lele & Ors. v. Union of India & Ors. case a letter written by Medha Kotwal who is the coordinator of Aalochana, a centre of documentation and research on women and women's rights groups highlighted a number of individual cases of sexual harassment stating that the Vishaka Guidelines were not being effectively implemented. Converting the letter into a writ petition, the Supreme Court took cognizance and undertook monitoring of the implementation of the Vishaka Guidelines across the country by directing State Governments to file affidavits emphasizing the steps taken by them to implement the Vishaka Guidelines. The result showed a poor performance by a majority of the states. Thus, SC issued further orders to national organisations such as the Bar Council of India, to respect and implement the Vishakha Guidelines in spirit. In its judgment, the Supreme Court observed that "the implementation of the Vishaka Guidelines has to be not only in form but also in substance and spirit so as to make available safe and secure environment for women at workplace in every aspect and thereby enabling working women to work with dignity, decency and due respect." Similarly, the Medical Council of India, Council of Architecture, Institute of Chartered Accountants, Institute of Company Secretaries and other statutory Institutes were required to ensure that the organisations, bodies, associations, institutions and persons registered/affiliated with them follow the Vishaka Guidelines. Not being satisfied with the implementation of the Vishaka Guidelines, it directed States to put in place sufficient mechanisms to ensure effective implementation of the Vishaka Guidelines. Finally, the Supreme Court asserted that in case of non-compliance or non-adherence of the Vishaka Guidelines, it would be open to the aggrieved persons to approach the respective High Courts.

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