Sexual harassment: Set up committees, says Supreme court

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Expanding the ambit of its 1997 Vishaka verdict, today the Supreme Court directed all regulatory bodies such as the BCI and MCI, which regulate different professions, to set up a committee to deal with all cases of sexual harassment at the workplace.

A bench of three-judge headed by Justice R. M. Lodha directed regulating bodies and all the institutions affiliated to them to implement the guidelines framed in the Vishaka case within two months.

The order has been passed by the bench on a PIL filed by Medha Kalwal Lele seeking its direction to expand the ambit of the 1997 verdict to include various other institutions.

The apex court in 1997 had framed guidelines to handle cases of sexual harassment at the workplace in Government departments and PSUs.

According to the guidelines, it was the duty of the employer or other responsible persons in work places and other institutions to prevent or deter the commission of acts of sexual harassment and to provide procedures for resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.

The guidelines also said rules prohibiting sexual harassment at the workplace should be notified, published and circulated and should also provide for penalties against the offenders.

Even private employers were asked to include the express prohibition of sexual harassment in their standing orders.

The guidelines also said the victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment.

The guidelines recommended setting up of a Complaint Committee, to be headed by a woman and half of its members should comprise women, to deal with sexual harassment cases.

It also recommended that the committee should involve a third party, either an NGO or other body who is familiar with the issue of sexual harassment, in order to prevent possibility of any undue pressure or influence from senior levels.

1 COMMENT

  1. Review and recomprehension of offences pertaining to Sexual harrassment under changing social mileu of 21st century is a dire demand of justice. With INCREASING MEN-WOMEN INTERACTIONS IN ALL SPHERES OF LIFE AND FASTLY INROADING EQUALITY OF MAN/WOMAN IN SOCIETY ,HARRASSMENT HAVE MULTI REASON ORIGINS,SAY FROM DISAGREEMENT IN DEAL TO PHYSICAL TRESPASSINGS. A SENIOR LEVEL BOARD OF SOCIAL SCIENTISTS,MEDICAL PERSONNELS, LEGAL LUMINARIES OF SOCIETY SHOULD HAVE A COMMISSION TO FORMULATE GUIDELINES WITH OPINIONS OF VARIOUS RELIGION HEADS.

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