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SC asks employers to take sexual harassment seriously

Taking a strong view of the instances of sexual harassment at workplaces, the Supreme Court directed all regulatory bodies – like the Medical Council of India and the Bar Council – on Friday to set up committees to deal with all such cases at workplaces. The court expanded the ambit of the 1997 Vishaka case verdict, in which the court had framed guidelines for employers to handle cases of sexual harassment at workplaces.

A three-judge bench 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 was passed on a public-interest litigation by Medha Kalwal Lele, who had sought direction from the court to expand the ambit of the 1997 verdict to include various other institutions.

The earlier Supreme Court guidelines had made it the responsibility of the employer or other responsible persons at workplaces and other institutions to prevent 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. It had said that the rules prohibiting sexual harassment at workplaces should be notified, published and circulated and should also provide for penalties against the offenders.

Private employers were also asked to include the express prohibition of sexual harassment in their standing orders. The guidelines also said the victims or witnesses are not victimised or discriminated against while dealing with complaints of sexual harassment. It had recommended setting up of a complaint committee, to be headed by a woman, and half of whose members were mandated to be women, to deal with such cases.

It had also recommended that the committee should involve a third party to prevent the possibility of any pressure or influence from seniors in the organisation.
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