Govt departments ignore Vishaka guidelines on sexual harassment

India Today: New Delhi: Sunday, 26 October 2014.

Sexual harassment at workplaces is a concern, but not for Delhi Police. An RTI query about the status of Complaints Committee under the Supreme Court's 1997 Vishaka guidelines has revealed that the North District of the Delhi Police has not even formed the committee. According to the guidelines every organisation has to form such a committee to deal with complaints of sexual harassment at workplaces. However, the RTI query filed by social activist Rajhans Bansal has revealed that no committee was formed by the North District of Delhi Police.

While Delhi Police's inaction is shocking, RTI reply revealed that complaints committees in several Union ministries don't deal with many complaints. Most of the government departments have formed the committees in accordance with the guidelines, but interestingly they don't receive many complaints of sexual harassment, the RTI reply revealed. In their replies almost all the government departments have stated that they have received only one or two complaints.

The Prime Minister's Office formed a committee in 1997, immediately after the Supreme Court judgment that year. "The committee had dealt with one case and closed it after presenting its report. Currently the committee has four members," RTI reply about PMO said.

The Union Home Ministry has formed one committee in 2012. The committee, which dealt with one case, found that the allegations of complainant were partially proved. The current committee comprises four members, RTI reply from the ministry said.

The Ministry of Health and Family Welfare also formed a committee in 2014. The RTI reply from the ministry said that one case has been investigated by the committee which has submitted its report, and the decision is pending. Currently the committee comprises six members.

The Lok Sabha Secretariat said that the committee formed by them has examined three cases since its inception. "Charges were not proved in two cases. Examination in the third case is pending before the Complaints Committee," said the RTI reply.

The Election Commission of India, which accepted that three committees were formed in July 2008, October 2008 and May 2011, refused to give details of the number of cases filed under Vishaka guidelines, saying revealing details came under 'personal information'.

The guidelines, as laid down by the Supreme Court, say, "It shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required."