ORDER

1. Leave granted.

2. The Appellant, who became a victim of sexual harassment but could not succeed in getting the wrongdoer punished filed Writ Petition No. 15 of 2010 under Article 226 of the Constitution for issue of a mandamus to the official Respondents to implement the guidelines framed by this Court in Vishaka v. State of Rajasthan, : (1997) 6 SCC 241. By the impugned order, the Division Bench of the Sikkim High Court disposed of the writ petition by simply relying upon the statement made by the learned Additional Advocate General of Sikkim that the State Government is prepared to bring a proper legislation in terms of the guidelines framed in Vishaka's Case.

3. Notice of the special leave petition was issued on 21.1.2011. After some adjournments, this Court passed order dated 2.1.2012, which reads as under:

Heard Learned Counsel for the parties.

Learned senior counsel appearing for the State of Sikkim is directed to instruct the concerned officer to file a comprehensive list of all public and private establishments operating within the State. The needful be done within a period of four weeks.

The Chief Secretary. State of Sikkim should file an affidavit and give details of the steps taken by the State Government for implementation of the guidelines framed by this Court in Vishaka and Ors. v. State of Rajasthan and Ors. : (1997) 6 SCC 241 as also order dated 26.04.2004 passed in W.P. (Crl.) Nos. 173-177 of 1999 -Medha Kotwal Lele and Ors. v. Union of India and others. The needful be done within a period of four weeks.

List in the first week of February, 2012.

4. In compliance of the afore-mentioned order, Shri Karma Gyasto, Chief Secretary of Sikkim filed affidavit dated 30.1.2012 detailing the steps taken by the State Government for implementation of the guidelines framed in Vishaka's case and the directions contained in the orders passed by this Court in W.P.(CrL) Nos. 173-177 of 1999 Medha Kotwal Lele and Ors. v. Union of India and others. These include the amendment of the Sikkim Government Servants Conduct Rules, 1981 vide Notification dated 4.1.2012 and sending of communications to the private establishments to take steps for constitution of complaint committees etc. Shri J.K. Rai, Joint Secretary, Department of Social Justice, Empowerment and Welfare Department (Women and Child Development Division), Sikkim, has also filed affidavit dated 30.1.2012 along with copies of letters dated 6.9.2010 and 16.9.2010 issued by the Social Justice Empowerment and Welfare Department, copy of letter dated 13.1.2012 issued by the Department of Commerce and Industries and two other documents showing the steps taken for constituting the Complaint Committees.

5. Shri Colin Gonsalves, learned senior counsel for the Petitioner fairly stated that in furtherance of the direction given by the Court on 2.1.2012, the State Government and Ors. have taken steps for implementation of the guidelines framed in Vishaka's case and the directions given in Medha Kotwal's case. He then submitted that the State Government may be directed to give wide publicity to the notifications and orders issued by it.

6. Shri A.K. Ganguly, learned senior counsel appearing for the State of Sikkim submitted that his client is prepared to take all steps necessary for full compliance of the guidelines framed in Vishaka's case and the directions given in Medha Kotwal's case.

7. In Vishaka's case, this Court had issued the following guidelines and norms:

17. The GUIDELINES and NORMS prescribed herein are as under:

HAVING REGARD to the definition of "human rights" in Section 2(d) of the Protection of Human Rights Act, 1993,

TAKING NOTE of the fact that the present civil and penal laws in India do not adequately provide for specific protection of women from sexual harassment in workplaces and that enactment of such legislation will take considerable time,

It is necessary and expedient for employers in workplaces as well as other responsible persons or institutions to observe certa