MEDHA KOTWAL LELE & ORS. v. Union of India and Others. [2012] INSC 643

Nature of the Case

Suit aimed at the enforcement of previous Supreme Court decision. Sexual harassment at the work place. Vishaka guidelines.

Enforcement of the Decision and Outcomes

The Court established a timeframe of two months for the enforcement of its 2012 decision. It also clarified that non-compliance or non-adherence to the Vishaka guidelines and orders of the Supreme Court following Vishaka would allow aggrieved persons to approach the respective High Courts in their particular States.

Significance of the Case

The Court in Medha not only reiterates the precedent Vishaka vs. State of Rajasthan (6SCC 241, 1997). 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 guidelines” (Jan. 16, 2013).

The Protection of Women Against Sexual Harassment at Work Place Bill was enacted just one month before the decision of the Medha case.

Groups Involved in the Case

Human Rights Law Network (HRLN)