Case Studies

Medha Kotwal Lele and Others vs. Union of India & Others, Supreme Court of India (2012)

A PIL was filed for the Compliance of guidelines of SH at workplace as implementation of order passed in Vishaka and Ors. vs. State of Rajasthan and Ors, was not adhered to by organizations and there were numerous instances of harassment of workplace. This PIL was filed to insist the government to enact proper legislation, which will provide a safe, harassment and violence free working environment for all women in India. The Hon’ble Supreme Court held that appropriate new laws be enacted by Parliament and the State Legislatures to protect women from any form of indecency, indignity and 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 inadequate laws with sloppy enforcement are not enough for true and genuine upliftment of our half most precious population – the women and enabling working women to work with dignity, decency and due respect and opined that if there were any non-compliance to guidelines, orders of present Court following above matter and directions, it would be open to aggrieved persons to approach respective High Courts. The Supreme Court directed that State functionaries and private and public-sector undertakings/organisations/bodies/institutions, etc. shall put in place sufficient mechanism to ensure full implementation of Vishaka guidelines.