Proper implementation of Vishaka guidelines and the appointment of State-level officers and Labour Commissioners to ensure compliance.

Judgment :

These matters relate to the complaints of sexual harassment in working places. In Vishaka v. State of Rajasthan((1997) 6 SCC 241 : 1997 SCC (Cri) 932) 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 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 various States submit that they would do the needful at the earliest.

2. It is not known whether the committee as suggested in Vishakacase have been continued in all the departments/institutions having members of staff of 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 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 if necessary to give some more directions in this regard:

2.1. We find that in order to coordinate the steps taken in this regard, there should be a State-level officer i.e. either the Secretary of the Women 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 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.

2.2. As regards factories, shops and commercial 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 and commercial establishments are concerned. They shall also collect the details regarding the complaints and also see that the required committee is established in such institutions.

3. Counsel appearing for each State shall furnish the details as to what steps have been taken in pursuance of these directions within a period of eight weeks. Details may be furnished as shown in the format furnished by the petitioners in the paper-books. A copy of this format part of the order. The above facts are required at the next date of hearing. A copy of this order be sent to the Chief Secretary and the Chief Labour Commissioner of each State for taking suitable action.

4. Post the matters after eight weeks.