Medha Kotwal Lele vs. Union of India BY AKSHIT GUPTA@LEXCLIQ

Case law: 

The existing case arose when Medha Kotwal Lele, the facilitator of Aalochana, a center for documentation and examination of women, and other women’s rights organizations, among others have files a complaint in court about women harassment and mental torture in workplace and claimed that the Vishaka directives were not properly implemented.  

The candidate said that in spite of Vishaka judgement women are facing regular harassment at workplace they added that the guidelines of case laws were being broken in by state government and not being followed in the manner they were intended to. The candidates showed dissatisfaction with Vishaka case law. 

After bring notice to the court supreme court asked all the state government to produce the affirmation of the Vishak case law guidelines and the results were very disappointing as no guidelines were followed. The large portion of the state shown poor results. These frequent violations of women’s rights have taken place in both public and private sector workplaces and institutions by male colleagues or superiors. The incidents have continued despite the landmark Supreme Court decision that issued “Vishaka” Guidelines on the matter. here are also numerous instances of harassment in various private workplaces such as educational institutions, Bar Associations, Medical Councils and all other professional and technical associations, where compliance to the Guidelines do not exist. 

It was noted that the employers and other workers should take responsibility of women safety. After taking the report from the state governments it was noted that the guidelines were not properly followed some of them had just changed few enactments rather than changing it as a whole, 

In these pandemic times where all the work is happening online the harassment is still done to women’s virtually by calling them on unearthly hours and asking them to changing camera positions and compulsory participation in zoom parties where they asked to be shown their body in full which put a question on their dignity. Sometimes women get into dilemma of complaining or not as the offender keep finding new ways to put a mark on their dignity. 

Analysis and Interpretation:
The Court in Medha not only reiterates the precedent Vishaka v. State of Rajasthan.It actually recognizes the possibility of litigation seeking implementation of judicial decisions. In the words of Colin Gonsalves, founder of HRLN:
Though the guidelines were set many years ago, they remained unimplemented. This decision attempts to force implementation and it resurrects the almost forgotten guidelines1 

Conclusion: 

The Vishaka judgement was passed by supreme court in 1997.employers have a legal right to work in proper working environment these harassments affect the women performance. employers and organizations bear the primary responsibility for eliminating sexual harassment in all structures within their workplace. The POSH act is for women and protects against the harassment at workplace both physically and virtually if the governments make proper laws this act can protect the women to be victims. With technological advancements, the workforce has found more effective ways to harm women by delivering explicit unfavorable viewpoints, obscene gestures, and other inappropriate remarks via text messages, video chats, and online existence, believing it to be harmless. That probably won’t get featured in these online correspondence channels, as chiefs are not observing each message of the gatherings so shaped. Many women are facing this new type of harassment as a result of the pandemic. They feel uncomfortable when their employer inquiries about their personal life, such as what they are wearing, after-hours and uninvited calls in the middle of the night 

 

Refrences: 

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