wp146.14.

sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.146 OF 2014
1. KPMG India Pvt. Ltd.
having office at Apollo
Mills Compound,
NM Joshi Mag, Mahala!mi,
Mum"ai # $%% %11 ..
&. 'ash (aga Go)al
having office at Lodha *!celus,
Apollo Mills Compound,
NM Joshi Mag,
Mahala!mi, Mum"ai $%% %11 .. Petitiones.
+s.
1. National Commission fo ,omen
-NC,. though its Chaipeson,
having its office at
$, /een /a)al 0padh)a)a Mag,
Ne1 /elhi 11% %%&. ..
&. Mina2shi Mahesh1ai
esiding at 3lat No.4%5,
(ea 3lama, /osti 3lamingo, (e1i, Mum"ai $%% %&4 ..
6espondents.
Ms.Indu Malhota, (enio Advocate along 1ith M.Ni2hil
(a2hadande i7" A89 : Patnes fo the Petitiones.
M.(unip (en i7" P.M. Jadhav fo 6espondent No.1.
Ms.Mina2shi Mahesh1ai, 6espondent No.& in peson.
CORAM : V. M. KANADE
A. K. MENON! JJ.
RESERVED ON : "#$ M%&! 2014
PRONOUNCED ON : 11#$ A'(')# 2014.
1/34
::: Downloaded on - 19/08/2014 16:40:46 :::
wp146.14.sxw
JUDGMENT (PER A. K. MENON, J.)

1. 6ule. 6ule etuna"le foth1ith.
&. Petitione No.1 is a pivate limited compan) of 1hich
Petitione No.& is the Compan) (eceta). 3o the sa2e of
convenience Petitione no.1 and & ae efeed to as Petitione.
6espondent No.1 is a statuto) "od) set up unde the National
Commission fo ,omen, Act, 1;;% and is empo1eed to deal 1ith
vaious issues concening 1omen as set out in the Act. 6espondent
No.& 1as emplo)ed 1ith the Petitione at all mateial times and filed
a complaint against the Petitione no.1 1ith the 6espondent no.1.
4. <he Petitione see2s a ,it of Cetioai to =uash the
poceedings initiated ") 6espondent No.1 > National Commission fo
,omen -?NC,@ 7 ?National Commission@. against Petitione No.1 #
-?KPMG@. pusuant to the complaint made ") 6espondent No.& and
estain 6espondent No.1 fom conducting an) futhe poceedings
in the matte.
$. ,e ma) no1 advet to the facts leading upto the filing of
this petition. 6espondent No.& Aoined the Petitione compan) on
1;th (eptem"e &%%5 as a /iecto. 3o divese easons that need
not engage ou attention in this petition, 6espondent No.& 1as
disappointed that she 1as not designated as a Patne. Bn o a"out
2/34
::: Downloaded on - 19/08/2014 16:40:46 :::
wp146.14.sxw
4d Bcto"e, &%%C she e!pessed via email addessed to the Petitione
that she 1ould conside moving on fom the Petitione compan).
6espondent No.& had in vaious communications 1ith seveal of he
supeios conve)ed he gievances. It appeas that that the
Petitione also had cetain esevations. It is the PetitionesD
contention that it gave 6espondent No.& ample oppotunit) to
impove he pefomance "ut to no avail.
5. As a esult on 4%th Novem"e, &%%C, Petitione No.1
teminated he sevices and paid he contactual dues and completed
all the fomalities. <heeafte vide he AdvocateDs lette dated 1&th
/ecem"e, &%%C and 1Cth Janua), &%%E, she called upon the
Petitione to 1ithda1 he lette of temination and sought a 1itten
apolog) fom the Petitione.
C. In o aound Apil &%%E, fou months afte temination of
sevices, she complained that she suffeed se!ual haassment at the
1o2 place duing he tenue 1ith the Petitione. <he afoesaid legal
notices and the communications efeed to ealie did not contain
an) complaint of se!ual haassment duing the peiod of he
emplo)ment. Bn o a"out ;
th
Apil &%%E 6espondent no.& filed a
Complaint "efoe the Mahaashta (tate Commission fo ,omen.
E. 0pon eceipt of the complaint, Petitione No.1 constituted
a committee on o a"out F
th
Ma), &%%E to loo2 into he complaint in
3/34
::: Downloaded on - 19/08/2014 16:40:46 :::
wp146.14.sxw
accodance 1ith (taff Manual of the Compan) as pe guidelines laid
do1n ") the (upeme Cout in case of +isha2a +s. (tate of
6aAasthan. <he committee compised of one male mem"e and t1o
1omen e!tenal mem"es, one of 1hom 1ould peside ove
committee as pe the guidelines. Bne 1as a sociologist, 1ho 1as also
senio adviso to the Petitione, the second Ms. 9havna Joshi, 1ho
1as also an adviso to the Petitione and the thid an e!pet on
se!ual haassment at the 1o2place. <he said +isha2a committee
fi!ed seveal dates in ode to ena"le 6espondent No.& to appea
"efoe it. +aious altenate dates 1ee epotedl) fi!ed. 'o1eve,
6espondent No.& chose not to appea "efoe the committee.
F. 6espondent No.& o"Aected to constitution of the +isha2a
committee and appointment of Ms. 9havna Joshi and sought
econstitution of the +isha2a committee and contended that she also
had an e=ual ight to nominate mem"es of the committee. <he
Petitione povided vaious options viG changing the constitution of
the committee, including fome Audges and suggested the names of
t1o fome Judges of the (upeme Cout i.e. Justice (uAata Manoha
and Justice 9. N. (i2ishna. 'o1eve, 6espondent No.& did not co>
opeate, instead she appoached the Mahaashta (tate Commission
fo ,omen -(tate Commission. though a complaint. Bn 1;th June,
&%%E 6espondent No.& filed poceedings "efoe 6espondent No.1. A
cop) 1as eceived ") petitione no.1 on ;th Jul), &%%E. Bn 1C
th
Jul)
&%%E the 6espondent No.& filed a ciminal complaint against seven
4/34
::: Downloaded on - 19/08/2014 16:40:46 :::
wp146.14.sxw
emplo)ees of the Petitione unde (ections 45$, 5%;, 4$ ead 1ith
(ections 1FF, 5%%, 5%4 and 5%C of the Indian Penal Code. Bn ;
th
August &%%E fou of these seven accused pesons filed ,it petition
No.1$$5 of &%%E fo =uashing the said complaint.
;. <he Petitiones ") thei lettes dated 15th June, &%%E and
&%th June, &%%E infomed 6espondent No.& that it had alead)
fomed a +isha2a committee. <he Petitione challenged poceedings
"efoe the (tate Commission on the gound of maintaina"ilit). Bn o
a"out Fth Bcto"e, &%%E the (tate Commission fomulated the
follo1ing issues
?1. <o in=uie into the complaint as 1h) KPMG did not
constitute an intenal complaints committee as pe the
+isha2a Guidelines laid do1n ") the 'onD"le (upeme
Cout H
&. If and 1hen the intenal complaint committee 1as
constituted, 1hat 1as the outcome of the in=ui).
,hethe the constitution and deli"eation of the
committee 1as in accodance 1ith the guidelines H
4. 6easons "ehind the non>acceptance of Ms. Meena2shi
Mahesh1ai esignation and late teminating he
sevices H@
1%. Bn 4d /ecem"e, &%%E, the Petitione 1as infomed ")
6espondent No.& that the (tate Commission had constituted a
committee to investigate the complaint. <he Petitione once again
5/34
::: Downloaded on - 19/08/2014 16:40:46 :::
wp146.14.sxw
infomed the (tate Commission that a +isha2a committee had alead)
"een constituted and should "e allo1ed to poceed 1ith the in=ui)
and that if 6espondent No.& had an) o"Aection to an) specific
mem"e of +isha2a committee, the Petitione 1as 1illing to appoint
e!tenal mem"es instead. 6espondent No.& did not epl).
11. In the mean1hile, in August &%%F 1ithout peAudice to its
ights and contentions, Petitione No.1 paticipated in a pelimina)
heaing "efoe the (tate Commission. It is the PetitionesD case that
(tate Commission had pe>Audged issues and 1as not compl)ing 1ith
pinciples of natual Austice. (eveal of its mem"es had peAudicial
vie1s and had pu"licl) aied them. <he Petitione theefoe, filed
,it Petition No.11%E of &%%F in this cout challenging the
poceedings "efoe the (tate Commission. 6espondent No.& also
filed a ,it Petition No.;C4 of &%%F see2ing diections to the (tate
Commission to complete the in=ui). Bn 1Fth Novem"e, &%1% "oth
the 1it petitions came up fo heaing. 6espondent No.& 1ithde1
he petition 1ith li"et) to posecute the complaint pending "efoe
the National Commission. In /ecem"e &%1%, the (tate Commission
e!pessed thei ina"ilit) to pocess the complaint fo 1ant of
esouces and unde these cicumstances, 6espondent No.&
appoached the National Commission and filed the complaint. <he
(tate Commission tansfeed all ecods to the National
Commission. (ince 6espondent No.& 1as not pessing the complaint
"efoe the (tate Commission, ,it Petition No.11%E of &%%F filed ")
6/34
::: Downloaded on - 19/08/2014 16:40:46 :::
wp146.14.sxw
Petitione No.1 came to "e dismissed.
1&. <hee )eas late, Petitione No.1 eceived a lette dated
14th (eptem"e, &%14 fom the National Commission, diecting
cetain emplo)ees and e!>emplo)ees to attend "efoe an in=ui)
committee of 6espondent no.1. <he Petitione sought escheduling of
the heaing to anothe date. Bn 1;
th
(eptem"e, &%14 it infomed the
National Commission that the offices against 1hom complaints had
"een made ") the 6espondent no.& 1ee no longe in the emplo)ment
of Petitione No.1. <he PetitionesD e=uests fo inspection of
documents filed 1ee ignoed.
14. Bn 1Fth Bcto"e, &%14 the PetitioneDs Advocate once
again e=uested the National Commission fo the copies and
documents and contended that the matte cannot "e head since
thee 1as no compliance of 6ule 1% of Pat II of the National
Commission fo ,omen -Pocedue. 6egulations, &%%5. Afte a lapse
of one month, the Commission pemitted the PetitionesI Advocate to
ta2e inspection of the ecod and poceedings. <hat is 1hen the)
leant that man) heaings had ta2en place 1ithout notice to the
Petitiones. Minutes of meetings 1ee not povided despite epeated
e=uests.
1$. 9ased on the complaint made ") 6espondent No.&,
6espondent No.1 has constituted a thee mem"e in=ui) committee
7/34
::: Downloaded on - 19/08/2014 16:40:46 :::
wp146.14.sxw
to en=uie into the complaint and has allegedl) conducted e!pate
heaings conta) to its o1n ules. Bn o a"out &Cth Bcto"e, &%14,
the Petitione leant that vaious heaings had "een conducted
e!pate ") 6espondent No.1. <he Petitione contends that it 1as
neve notified of an) heaing held ") 6espondent No.1 o the
deposition of 6espondent No.& ecoded ") 6espondent no.1. It is
gievance of Petitione No.1 that the Minutes of Meeting 1ee not
povided despite epeated e=uests and 6espondent No.1 had failed
to follo1 pocedue laid do1n unde the National Commission fo
,omen -Pocedue. 6egulations, &%%5 fo conducting investigation.
<he Petitiones allege violation of pinciples of natual Austice
esulting fom efusal to povide copies of the documents to
Petitione No.1, thee") putting the Petitione No.1 at a
disadvantage.
15. Bn &Cth Bcto"e, &%14, 6espondent No.1 > Commission
in=uied into the complaint made ") 6espondent No.& and
famed7efamed tems of efeence as follo1s J
?1. <o detemine 1hethe +isha2a Guidelines 1ee
follo1ed ") oiginal emplo)e -KPMG.
&. *!act natue of se!ual haassment and if elated
evidence on ecod is availa"le
4. 6easons of temination of sevices H
$. ,hethe thee 1as unfai dismissal H
5. ,hethe the dismissal has caused loss of futue
caee oppotunit) H
C. ,hethe this Committee can ecommend to an
8/34
::: Downloaded on - 19/08/2014 16:40:46 :::
wp146.14.sxw
emplo)ee as follo1s J
# Lette of apolog)
# Compensation
# 6elief # 9onus
# 9enefits aising out of this dispute
# An) othe eliefs.@
1C. <he Petitione =uestioned the Auisdiction of the
6espondent no.1 to adAudicate upon the complaint on the "asis of
these tems of efeence 1ee famed on &Cth Bcto"e, &%14 inte
alia on the gounds that K
-i. 6espondent No.& filed complaint of se!ual haassment fo
the fist time onl) in Apil &%%E.
-ii. 6espondent No.& had not tendeed he esignation pio to
temination of he sevices,
-iii. 6espondent No.& had not attended "efoe the +isha2a
committee "ut had filed ciminal 1it Petition No.1$$5 of &%%E.
-iv. <he National Commission had violated pinciples of
natual Austice,
1E. Accoding to the Petitione, the National Commission has
acted in an illegal and a"ita) manne in holding the poceedings
although the Commission is a statuto) "od) 1hich 1as dut) "ound to
act in accodance 1ith pinciples of natual Austice and fai pla). <he
Petitione has pa)ed that in=ui) poceedings "e =uashed and
pending heaing and final disposal of the Petition, the in=ui)
9/34
::: Downloaded on - 19/08/2014 16:40:46 :::
wp146.14.sxw
poceedings "e sta)ed.
1F. 6espondent No.1 has filed an affidavit of 6aA (ingh,
/eput) (eceta) 1heein it is su"mitted that the petition is
pematue and that the Commission has 1ide po1es to investigate to
complaints ") 1omen, if the commission feels that it appopiate to
do so. It is admitted in the affidavit that heaings "efoe the
Commission ae not Audicial heaings "ut ae investigative in natue
and the Commission follo1s all ules of natual Austice. It is denied
that the investigation into the petitionesD case is "e)ond its
Auisdiction o it is a"ita) o illegal in an) manne.
1;. An additional affidavit is also filed on "ehalf of the
National Commission on &5th Mach, &%14 1heein the deponent
has made a gievance that the Petitiones ae see2ing to dela) the
poceedings at eve) stage. It is su"mitted that the Commission is
ade=uatel) empo1eed to hea the complaints and it poposes to
poceed 1ith the in=ui) that it has undeta2en.
&%. Bn "ehalf of 6espondent No.&, an affidavit in epl) has
"een filed on o a"out &&nd Janua), &%1$ and theeafte 1itten
su"missions have also "een filed. It is contended that 6espondent
No.& is a =ualified C.A. 1ith 15 )easI e!peience in a senio position
in multinational companies. (he has naated ho1 she complained
a"out discomfot as a esult of "ehavio ") colleagues. (eveal
10/34
::: Downloaded on - 19/08/2014 16:40:46 :::
wp146.14.sxw
e!tacts fom emails have "een epoduced in the affidavit. It is
su"mitted that no in=ui) 1as conducted as pe +isha2a guidelines.
Bn the othe hand on 4%.11.&%%C she eceived a communication
fom one (unil Mathu stating that he sevices have "een
teminated. (he then filed a complaint in Intenational *thics
Committee of the Petitiones. <he said Committee stated that it has
no Auisdiction. Accoding to 6espondent No.&, the compan) leveled
false allegations against he fo holding compan) popet) etc.
although she had sent via email to the 'uman 6esouces /epatment
poof of handing ove compan) popet) despite 1hich the Petitione>
compan) had not paid he dues.
&1. 6espondent No.& has denied the allegations of the
Petitione and su"mitted that ,it Petition No.;C4 of &%%F came to "e
1ithda1n 1ith li"et) to posecute the ciminal complaint.
6espondent No.& has set out dates 1hen the alleged incidents too2
place. It is alleged that the Petitiones did not povide he 1ith an)
eason fo temination and the) had pupoted to set up +isha2a
committee onl) to scuttle the in=ui) "efoe the Commission. It is
alleged that the Petitione compan) gainfull) continued to emplo)
pepetatos of the offences till &%14 and then the) 1ee allo1ed to
esign despite evidence against them "eing availa"le 1ith Petitione
No.1 since it had alead) filed a Petition in &%%F.
&&. 6espondent No.& alluded to having suffeed c)"e
11/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
defamation 1hich has futhe violated he ight to 1o2 and live 1ith
dignit). In Novem"e &%1& the Chief Metopolitan MagistateDs
Cout diected Mum"ai police to "loc2 the defamato) content on
1e"sites. 6espondent No.& had mean1hile filed a ciminal
complaint against the 'uman 6esouces Manage, Chief Bpeating
Bffice, Chief *!ecutive Bffice and fome /iecto, '. 6. of
Petitione No.1 fo having failed to compl) 1ith +isha2a guidelines.
<he said fou pesons filed Ciminal ,it Petition No.1$$5 of &%%E in
this cout challenging the 3I6 egisteed against them. 9) an ode
dated Cth August, &%%F, this cout 1as pleased to =uash the 3I6 as no
cogniGa"le offence had "een made out. 6espondent No.& then filed
(.L.P. -Ci.. No.ECE% of &%%F against the said ode 1hich came to "e
dismissed 1hile claif)ing that the o"sevations made in the
impugned ode 1ill not affect the meits of he case.
&4. 6espondent No.& has in he affidavit dated 4%th Apil,
&%1$ and in he 1itten su"missions aised a gievance that the
petitiones too2 advantage of he a"sence on &4
d
Apil, &%1$ and the
PetitionesI counsel addessed the Cout despite 6espondent No.&Ds
application fo adAounment. Pio to &4
d
Apil, &%1$, the matte had
not "een ta2en up fo 1ant of time on seveal occasions. Bn &4
d
Apil, &%1$ 1hen the matte 1as called, the son of the second
6espondent 1as pesent and a e=uest 1as made fo adAounment
1hich 1as declined in vie1 of the PetitioneDs opposition "ased on a
fact that su"missions on "ehalf of the Petitione 1ee to "e on a point
12/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
of la1, namel) the Auisdiction of 6espondent No.1 to entetain the
second 6espondentDs complaint.
&$. ,e theefoe, poceeded to hea the petitionesD counsel
and counsel fo the National Commission # 6espondent No.1.
6espondent No.&Ds son 1as accodingl) infomed that onl) aguments
on a legal issue 1ee "eing advanced and that 6espondent No.&
1ould "e head on that aspect. ,e ma) also o"seve hee that afte
&4
d
Apil, &%1$ the matte 1as head on 4%
th
Apil, &%1$ and F
th
Ma),
&%1$ 1hen 6espondent No.& 1as pesent and addessed the Cout.
<hus, a full oppotunit) has "een given to he to pesent he case.
Moeove, M. (en, leaned counsel appeaing on "ehalf of the
Commission also addessed the Cout in elation to 6espondent
No.&Ds complaint and suppoted the poceedings "efoe the
commission. <he 6espondent No.& 1as thus not peAudiced on
account of he a"sence on &4
d
Apil, &%1$.
&5. 6espondent No.& has povided a list of dates and events
commencing fom 1;
th
(eptem"e, &%%5 to 4%
th
Apil, &%1$. <he
1itten su"missions also contain coss efeences to vaious
documents efeed to and anne!ed to the pleadings. It sets out in
detail the events that have tanspied. ,e have consideed the
su"missions and the anne!ues theeto and the list of dates, events,
odes passed ") vaious authoities including complaint dated 11
th
3e"ua), &%14 addessed to the Chaipeson of 6espondent No.1
13/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
along 1ith othe application. <he su"missions of 6espondent No.& ae
lagel) on the meits of the case 1hich 1e ae not called to
adAudicate upon. <he challenge in the pesent petition is esticted to
the scope of poceedings "efoe 6espondent No.1 and the PetitioneDs
contention that 6espondent No.1 had "een acting illegall) and
a"itail) including ") conducting heaing 1ithout notice to the
Petitione and that 6espondent No.1 had no po1e to adAudicate the
claims "et1een the individual paties.
&C. 6espondent No.& has contended that 6espondent No.1 is
a statuto) "od), has po1es to eceive and en=uie into complaints
involving depivation of 1omenDs ight, non>implementation of la1s,
policies and guidelines enacted to potect 1omen and failue on the
pat of the Petitione to constitute intenal complaints committee to
pevent and edess se!ual haassment at the 1o2 place. <hat
6espondent No.1 is mandated to ensue the implementation of la1s,
conduct in=uiies into the non>compliance of la1s and guidelines.
Accoding to 6espondent No.&, the 6espondent No.1 has po1e to
in=uie into the complaint of 6espondent No.& to detemine 1hethe
the Petitione has complied 1ith the +isha2a guidelines and unde
6egulations 1%-c. : -d. of the NC, Act to loo2 into complaints and
ta2e action egading suppession of 1omenDs ights, non>
implementation of la1s and povide potection to 1omen.
&E. It is the case of 6espondent No.& that the Petitione is
14/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
attempting to deail the pesent in=ui). +aious aspects of the
meits of case ae dealt 1ith ") 6espondent No.&. 6espondent No.&
has contended that the National Commission has necessa) po1es
to in=uie into individual complaints and theefoe su"mits that the
ode dated &Eth Novem"e, &%14 ganting sta) of futhe
poceedings "efoe the National Commission must "e vacated.
&F. 3uthe eAoindes and su>eAoindes have "een filed ")
the paties, ho1eve, it is not necessa) to deal 1ith each of them to
the e!tent the) ae epetitive in natue.
&;. It is the case of the Petitione that the National
Commission fo ,omen, Act, 1;;% povides fo functions of the
Commission 1hich ae to "e found in section 1%. <he functions
include ta2ing up cases of violation of the povisions of the
Constitution and of othe la1s elating to 1omen 1ith the
appopiate authoities, loo2ing into complaints and ta2e suo moto
notice of mattes elating toK depivation of 1omenDs ight, non>
implementation of la1s enacted to povide potection to 1omen and
non>compliance of polic) decisions, guidelines o instuctions and
elief to 1omen.
4%. (u">section $ of (ection 1% empo1es the commission
1ith po1es of the Civil Cout to t) suits fo the pupose of
summoning and 1itnessing e!amination on oath, e=uiing the
15/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
discove) and poduction of an) documents, eceiving evidence on
affidavits, e=uisitioning an) pu"lic ecod o cop) theeof fom an)
cout o office, issuing commissions fo ecoding e!amination of
1itnesses.
41. Ms. Malhota, leaned (enio counsel fo the Petitione
su"mitted that unde section 1E of the Act the Cental Govenment
has "een empo1eed to ma2e ules to ca) out the povisions of Act
and in pusuance of section 1E, the National Commission fo ,omen
-Pocedue. 6egulations, &%%5 have "een enacted 1heein the
pocedue fo dealing 1ith complaints is enlisted in Pat &. In the
said pocedual ules item & povides that the Commission ma)
summail) dismiss the complaints if it elates to civil dispute "et1een
the paties, mattes 1hich ae su">Audice "efoe the cout o ti"unal
and mattes 1hich ae outside the pevie1 of the commission on an)
othe gound. <hese thee categoies of mattes ought not "e
entetained ") the commission. In the instant case since ciminal
complaints have alead) "een filed and ae su">Audice the commission
ought not to have poceeded to entetain the complaint.
4&. Ms. Malhota futhe su"mitted that Petitione No.1 has a
1ell famed polic) fo se!ual haassment 1hich is as pe (taff Manual
and it is availa"le on the 1e"site to ensue that the 1omen
emplo)ees ae potected against se!ual haassment at the 1o2place
and accodingl) it is stated that Petitione No.1 had acted in
16/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
compliance 1ith the Audgment of the (upeme Cout in +isha2aDs
case. ,hile guidelines povided fo the emplo)e initiating ciminal
poceedings, a ciminal complaint had "een filed ") 6espondent No.&
heself against the offices of Petitione compan), 1ho ae alleged to
have haassed 6espondent No.&. It is su"mitted that the Petitione
cannot no1 ta2e action against these fome emplo)ees. <he
Petitione had constituted +isha2a committee "ut 6espondent No.&
chose to a"stain fom meetings convened. It is futhe su"mitted that
the issue of constitution of +isha2a committee ") Petitione No.1 has
alead) "een dealt 1ith in the ode of this cout dated Cth August,
&%%F in Ciminal ,it Petition no.1$$5 of &%%E 1heein this cout
ecoded that afte temination of sevice of 4%th Novem"e, &%%C, it
is onl) on &nd Apil, &%%E that 6espondent No.& addessed a lette to
the compan) ma2ing allegations of se!ual haassment against thee
pesons and theeafte committee was constituted to in=uie into the
allegations. 'o1eve, 6espondent No.& has not paticipated in the
in=ui). In fact duing the heaing of Petition No.;C4 of &%%F and
11%E of &%%F the Petitione No.1 offeed to econstitute the +isha2a
committee compising of etied Judges of the (upeme Cout and
'igh Cout )et the offe 1as not accepted ") 6espondent No.&. It is
su"mitted that in vie1 of the ode passed ") a /ivision 9ench of this
Cout on Cth August, &%%F thee is no =uestion of Petitione No.1
having failed to follo1 the +isha2a guidelines.
44. It is futhe su"mitted that 6espondent No.& has
17/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
appoached vaious foums, filed ciminal poceedings, c)"e>cime
complaints including a complaint "efoe the Institute of Chateed
Accountant of India. <hat the tems of efeence dated &C.1%.&%14
ae outside the scope and Auisdiction of National Commission and did
not suvive fo consideation toda). It is futhe su"mitted that
National Commission 6egulations famed unde section 1E have "een
violated. <he Commission ought to have dismissed the complaint
since the issues aised 1ee su"Aect matte of disputes "et1een the
paties concened and the matte 1as su">Audice "efoe the
MagistateDs Cout. It is su"mitted that Commission is suo moto and
a"itail) e!panding the scope of in=ui). <he Commission should
not poceed to hea the complaint in vie1 of 6egulation &.5 of
National Commission 6egulations. 3inall), it is su"mitted that the
conduct of National Commission 1as patisan in vie1 of the fact that
it violates pinciples of natual Austice and the in=ui) 1as conducted
on &.E.&%1&, 4.F.&%14, E.F.&%14 in the pesence of 6espondent No.&
"ut 1ithout notice to the Petitione.
4$. <he Petitiones su"mit that the National Commission is
not an adAudicato) "od) and it has onl) ecommendato) po1es,
po1es to e!amine all the mattes elating to safeguads povided fo
1omen unde the Constitution, ma2e in such epots,
ecommendations fo impoving the conditions of 1omen ") the
0nion o an) (tate, ta2e up case of violation of the povisions of the
Constitution and of othe la1s elating to 1omen 1ith the
18/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
appopiate authoities. It is fo the appopiate authoit) to loo2 into
complaint and ta2e suo moto action in mattes elating to depivation
of 1omenDs ights, ") ta2ing up such mattes to appopiate
authoities calling fo special studies o investigations into specific
po"lems and ecommending stategies fo thei emoval.
45. <he Commission is futhe empo1eed to undeta2e
pomotional and educational eseach, advise on the planning
pocess, evaluate the pogess of development of 1omen and ma2e
epesentations in those espects. <he Commission is neithe cout
no ti"unal 1ith po1es to adAudicate and detemine ights of the
paties.
4C. Ms. Malhota Ld. (enio Advocate su"mitted that the
po1es of National Commission came up fo consideation "efoe the
(upeme Cout in Bhabani Prasad Jena Vs. Conenor,
!e"re#ar$, Orissa !#a#e Co%%ission &or 'o%en and Anr. in
()*) (+) !CC ,-- 1heein it is categoicall) held that no po1e o
authoit) is given to the (tate Commission to adAudicate o
detemine the ights of the paties. Appl)ing the said decision to the
facts of the pesent case, it is su"mitted that National Commission
has no po1e to adAudicate o detemine ights of the paties. It is
futhe uged as set out in case of U.!. Ver%a, Prin"i.a/, DP! and
Anr. Vs. Na#iona/ Co%%ission &or 'o%en 0 Ors. (())1) De/hi
2a3 Ti%es 445 that the epots and ecommendations of the
19/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
commission and othe statuto) "odies entitled to investigate o
in=uie into cetain catego) of mattes 1ould not "ea the chaacte
of ?findings@ 1ith an) evidentia) value. <he National Commission is
onl) a national level "od) pimail) loo2ing into polic), to highlight
them and ecommend appopiate measues to the Govenment
concened. It cannot loo2 into individual issues unless the) pose o
concen a 1ide polic) o legislative stuctual dilemma.
4E. M. (en, leaned Counsel fo 6espondent No.1 su"mitted
that the Commission 1as not a1ae that in the ode on Cth August,
&%%C, in Ciminal ,it Petition No.1$$5 of &%%E, thee 1as an
o"sevation that +isha2a committee had "een fomed ") the
Petitione. <he Commission 1as also una1ae that the matte 1as
caied to the (upeme Cout. Accoding to M. (en the points noted
") the Committee ae onl) st)led as ?tems of efeence@ "ut in fact
ae onl) fo intenal guidance and not tems of efeence in the
stictl) legal sense. Accoding to M. (en, section 1% specificall)
pemits the National Commission to entetain complaints. <hee is no
limitation o estiction on the po1es to entetain a pivate
complaint.
4F. It is su"mitted that in the case of 9havani Jena -supa. the
(upeme Cout has specificall) noted competenc) of the committee
and the po1e to ascetain facts. <he po1e to entetain a pivate
complaint is not cutailed ") the egulations 1hich fact pe>supposes
20/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
po1es to entetain pivate complaints. M. (en concedes that it
does not have po1e to detemine ights of the paties. It does have
po1e to addess the issues and ta2e them up 1ith elevant
authoities fo emedial o cumulative puposes and the constitution
of +isha2a committee ") the emplo)e 1as in addition to the
measues that commission can adopt. It is su"mitted that committee
is conducting a pelimina) in=ui) and Petitione has filed the
Petition in haste.
4;. Apopos the ?tems of efeence@, M.(en su"mitted that
Items 1 and & could "e loo2ed into ") the commission. Item 4 to 5
accoding to counsel ae conse=uential. Item C in =uestion is fo
committee to decide as a ecommendato) measue and not fo
detemination of ights and ecommendations. As fa as the tems of
efeence item 1 and & ae concened 1e have dealt 1ith them
heeafte. It is ho1eve not possi"le to accept M. (enIs su"mission
=ua items 4 to C.
$%. M. (en conceded that the tems of efeence cannot "e
conveted into eliefs to "e ganted to the complainant. 'e
su"mitted that unde 4.5.4 and 4.5.5. of (taff Manual, staff mem"es
ae supposed to "ing to the notice of an) Patne 1ithout dela) in
case an emplo)ee encountes such o"Aectiona"le "ehavio o an
emplo)ee "ecome a1ae of the colleague "eing a victim of se!ual
haassment. (taff mem"es ma) spea2 to the epoting Patne, (taff
21/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
Patne o '6/ pofessionals. <he fim must ensue that all such
cases ae dealt 1ith sensitivel) and appopiate action is initiated. 'e
also elied upon the ode passed ") this cout in ,it Petition
No.;C4 of &%%F 1heein the Petitione and 6espondent No.& heein
had "een ganted li"et) to adopt such emed) as ma) "e availa"le in
la1.
$1. M.(en su"mitted that in the pesent case eading (ection
1%-e. and -f. togethe, it is evident that the National Commission does
have the po1e to entetain the complaint of 6espondent No.&. 'e
then placed eliance upon the tems of efeence of in=ui)
committee 1as poduced at paagaph &$ of the affidavit of
Petitione No.&. 'e su"mitted that thee 1as no violation of natual
Austice in vie1 of the fact that no final ode 1ould have "een passed
1ithout heaing all concened.
$&. 6espondent No.& in he su"missions has elied upon the
epot of the committee on amendment to ciminal la1 1heein
Chapte I+ deals 1ith se!ual haassment at 1o2place. 'o1eve,
since the epot is ecommendato) in natue, 1e do not deem it
necessa) to conside vaious ecommendations.
$4. Afte this petition 1as head and 1as closed and eseved
fo odes on Fth Ma) &%1$, attempts 1ee made to pesuade the
concened paties namel) the Petitione and 6espondent No.& to
22/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
e!ploe the possi"ilit) of an amica"le esolution of the matte. 0pon
consent of the paties, the matte 1as theeafte head in Cham"e
on 14
th
June, &%1$ and $
th
Jul), &%1$. In the inteegnum,
6espondent No.1 met the PetitioneDs C*B in an attempt to find a
mutual accepta"le solution. Bn $
th
Jul), &%1$ the paties appeaed
"efoe us and 6espondent No.& sought futhe time since the meeting
had ta2en place and the paties ae still e!ploing possi"le modalities
fo settlement. <he matte 1as adAouned at the e=uest of paties to
$
th
August &%1$ "ut 1as listed on F
th
August &%1$, 1hen the
Petitiones and 6espondent no.& infomed us that no amica"le
solution could "e found. ,e have theefoe poceeded to ponounce
ou Audgment.
$$. 9efoe poceed to addess the lage issues, at the cost of
epetition, 1e ma) sum up the se=uence of events. <he National
Commission fist issued notice Petitione No.1 on 14.1.&%14 afte
1hich on 1;.;.&%14 the Petitione infomed the National Commission
that the officials against 1hom the haassment complaint 1as made
ae no longe in the sevice of Petitione No.1. At the heaing on
&C.1%.&%14 that the commission passed an ode, e!pate, faming
=uestiona"le tems of efeence. Mean1hile, the ciminal
poceedings 1ee adopted ") 6espondent No.& against seven
compan) e!ecutives unde the povisions of section 45$, 5%;, 4$ 71
1FF, 5%%, 5%4, 5%C of I.P.C. <heeupon the fou officials of
Petitiones filed a Petition fo =uashing the complaint 1hich came to
23/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
"e =uashed vide ode dated C.F.&%%F. <his cout o"seved in its
ode that thee 1as a genuine attempt ") Petitione No.1 to ca)
out diections given in +isha2aDs case "ut it did not )ield esults
since 6espondent No.& failed to co>opeate. <his cout had held
that it found no fault 1ith the Petitione unde the +isha2a Audgment.
Bn E.11.&%1%, the (upeme Cout dismissed an (.L.P. filed against
the ode dated C.F.&%%F. Mean1hile the complaint against thee
officials M.+i2am 0tamsingh, M. A"iGe /i1anAi and M.Aneesh
Maloo ae "eing poceeded ") the Cout of Metopolitan Magistate,
14th Cout at /ada.
$5. ,e have e!amined the scheme of the National
Commission fo ,omen Act, 1;;%. 6efeence to the (tatement of
o"Aects and easons eveals that the Govenment has decided to set
up a commission fo 1omen, and the main tas2 of the commission
shall "e to stud) and monito all mattes elating to the
constitutional and legal safeguads povided fo 1omen, to evie1
the e!isting legislations and suggest amendments, 1heeve
necessa). It 1ill also loo2 into the complaints and ta2e suo moto
notice of the cases involving depivation of the ights of 1omen in
ode to povide suppot, legal o othe1ise, to helpless 1omen.
<he Commission shall also monito the pope implementation of all
the legislations made to potect the ights of 1omen so as to ena"le
them to achieve e=ualit) in all sphees of life and e=ual paticipation
in the development of the nation.
24/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
$C. Chapte III of the Act povides fo the functions of the
Commission. <he functions of the commission elevant to the
pesent case ae efeed "elo1 J
(ection 1%. 3unctions of the Commission.>
-1. <he Commission shall pefom all o an) of the
follo1ing functions, namel)J>
-a. investigate and e!amine all mattes elating to
the safeguads povided fo 1omen unde the
Constitution and othe la1sK
-". L.. L... L..
-c. L.. L... L..
-d. L.. L... L..
-e. L.. L... L..
-f. loo2 into complaints and ta2e suo moto notice
of mattes elating to>
-i. depivation of 1omenDs ightsK
-ii. non>implementation of la1s enacted to
povide potection to 1omen and also to
achieve the o"Aective of e=ualit) and
developmentK
-iii. non>compliance of polic) decisions,
guidelines o instuctions aimed at
mitigating hadships and ensuing 1elfae
and poviding elief to 1omen, and ta2e>up
the issues aising out of such mattes 1ith
appopiate authoitiesK
-&. L. L. L.
-4. L. L. L.
-$. <he Commission shall, 1hile investigating an) matte
efeed to in clause -a. o su">clause -f. of su">section -1.,
have all the po1es of a civil cout t)ing a suit and, in
25/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
paticula, in espect of the follo1ing mattes, namel)J>
-a. summoning and enfocing the attendance
of an) peson fom an) pat of India and
e!amining him on oathK
-". e=uiing the discove) and poduction of
an) documentK
-c. eceiving evidence on affidavitsK
-d. e=uisitioning an) pu"lic ecod o cop)
theeof fom an) cout o officeK
-e. issuing commissions fo the e!amination of
1itnesses and documentsK and
-f. an) othe matte 1hich ma) "e pesci"ed.
$E. <hese ae onl) t1o sections elevant fo ou puposes.
(ection 1% su">section -$. empo1es the commission 1ith all the
po1es of the Civil Cout 1hile t)ing suit in espect of summoning
and enfocing the attendance of an) pesons and e!amining them on
oath, e=uie the discove) and poduction of an) document,
eceiving evidence on affidavits and7o e=uisitioning an) pu"lic
ecod o cop) theeof fom an) Cout o office, issuing
commissions fo the e!amination of 1itnesses and documents and
an) othe matte 1hich ma) "e pesci"ed. It is, ho1eve, to "e
noted that these po1es ae cicumsci"ed ") the povisions of
clause -a. and su">section -i. of clause -f. of su">section 1. In othe
1ods, the po1es enlisted a"ove ma) "e e!ecised ") the
commission 1hile investigating and e!amining all the mattes
elating to safeguads fo the 1omen unde the constitution and the
26/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
la1s and to loo2 into complaints and ta2e suo moto notice of mattes
elating to -i. depivation of 1omen ights, -ii. non>implementation of
la1s enacted to povide potection to 1omen and achieving the
o"Aective of e=ualit) and developmentK -iii. non>compliance of polic)
decisions, guidelines o instuctions aimed at mitigating hadships
and ensuing 1elfae and poviding elief to 1omen and no othe.
$F. <he 2e) aeas that the commission is empo1eed to deal
1ith ae safeguads povided to the 1omen unde the Constitution of
India and othe la1s and depivation of 1omen ights as detailed
a"ove. In espect of othe functions the commission does not have all
the po1es of a Cout.
$;. ,ith this "ac2gound it is to "e seen 1hethe the
petitionesD gievance can "e loo2ed into ") the commission in the
manne it poposes to do via the si! tems of efeence. ,e have
noted the su"missions of M.(en, the leaned counsel fo the
commission, 1ho fail) conceded that the so called tems of
efeence famed ") the commission and 1hich ae epoduced in
paagaph a"ove 1ee so famed 1ithin the oveall fame1o2 of the
Act onl) fo intenal evie1. It is theefoe appopiate that 1e deal
1ith each of these.
5%. ,e have consideed the su"missions of 6espondent No.&
in elation to this challenge and he contention that the poceedings
27/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
1ee instituted 1ith 6espondent No.1 afte having e!hausted all the
emedies. It 1ill not "e out of place to mention that 6espondent
No.& had successfull) "loc2ed the "logs placed on the intenet ")
lodging a complaint "efoe the Metopolitan Magistate and <+
epots ") complaining to the Ne1s 9oadcaste (tandad Authoit)
-N9(A. 1ho also passed odes in favou of the Petitione and the
Channel concened 1as found to "e in "each of the N9(A code of
conduct ethics and guidelines on epoting of cases of se!ual assault.
(he is pesentl) pusuing the ciminal complaint against the alleged
offendes.
51. Given the cuent state of facts and pendenc) of multiple
poceedings 1e ae called upon to conside 1hethe the National
Commission could "e Austified in continuing 1ith the poceedings
"efoe it in the facts of the pesent case. Admittedl), 6espondent
No.& has filed a ciminal complaint against some fome emplo)ees
of the Petitiones against 1hom she has seious complaints. <he
Metopolitan MagistateDs Cout is seiGed of the matte and 1e have
no eason to dou"t that the matte 1ill "e head in accodance 1ith
la1. It is not theefoe desia"le that the mattes pending "efoe the
MagistateDs Cout "e consideed ") the Commission in paallel
poceedings. <he Commission should not ta2e upon itself the tas2
of deciding upon the meits of the complaint al"eit the same "eing
"ought to the CommissionDs 2no1ledge ") 6espondent No.&. <he
ciminal complaints ae poceeding onl) against e!>emplo)ees and
28/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
not against the petitiones. It, theefoe, has to "e seen as to 1hat
po1es of the Commission has =ua the Petitione No.1.
5&. As fa as, the fist point of efeence is concened viG
1hethe the +isa2ha guidelines 1ee follo1ed ") the petitiones o
not, thee cannot "e an) dou"t that the petitiones had fomed the
+isha2a committee 1ith notice to 6espondent No.&. <his cout has
held so. It is espondent no.& 1ho did not appea "efoe the
committee so fomed and e=uested changes to its constitution. *ven
then the petitione 1as 1illing to econstitute the committee "ut it
did not find favou 1ith the 6espondent. ,hile fomation of the
committee can "e achieved ") the unilateal act of the petitiones
attendance "efoe the committee at its poceedings is a consensual
event and 1ithout paticipation of espondent no.& the committee 1ill
not "e a"le to function and 7 o a"le to dischage its function.
54. In the instant case, theefoe, it does appea that the
petitiones follo1ed the +isha2a guidelines. In vie1 of this the
National Commission of ,omen need not in=uie into this aspect
1hich has alead) "een "ought out "efoe this cout and the
(upeme Cout in the poceedings efeed to a"ove. No pupose
1ill "e seved ") the National Commission in=uiing into 1hethe o
not the +isa2ha guidelines 1ee follo1ed ") the petitiones.
'o1eve, since this point of efeence ma) assume significance in
man) othe cases and 1e ae of the vie1 that as fa as the po1es
29/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
and Auisdiction of the commission ae concened, it is 1ell 1ithin the
po1e of the commission to in=uie into and detemine 1hethe the
+isha2a guidelines 1ee follo1ed ") an oganiGation. Although in the
pesent case the 1
st
espondent need not loo2 into this aspect in
othe cases 1hee the +isa2ha guidelines 1ee not fomed o offeed
to "e fomed ") the emplo)es, the commission is empo1eed to
conside this issue. 3o that matte, the Commission ma) entetain
individual complaints to ascetain 1hethe +isha2a guidelines 1ee
follo1ed. Needless to mention such en=uiies ma) not "e conducted
e!>pate, 1ithout notice to the oganisation in =uestion. <he "asic
ules of natual Austice must "e follo1ed if the commission finds a
pima facie case. If the commission is inclined to eAect the complaint
in limine notice to the oganisation need not "e issued.
5$. As egads the second point of efeence viG e!act natue
of se!ual haassment and evidence in espect theeof, 1e undestand
that these ae the mattes 1hich ae su" Audice "efoe the ciminal
cout and it is appopiate that espondent no.& adduces evidence
in the cout instead of commission loo2ing into the same. <hat said,
1e claif) that the commission 1ill have Auisdiction to in=uie into
complaints to aive ascetain the e!istence of a pima facie case of
violation "ut should not poceed to adAudicate upon complaints o
indict espondents o gant specific eliefs. No dou"t it ma) "e
necessa) fo the commission to delve into the facts "ut it must not
aive at conclusions o gant eliefs. It ma) ho1eve ma2e
30/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
ecommendations on the "asis of such facts in the lage inteests of
1omen. If a pima facie case is made out, the commission must issue
notice to the oganisation and hea them "efoe ma2ing
ecommending emedial measues. <he commission is ho1eve not
empo1eed to decide the ights of paties and due cae must "e
ta2en in this "ehalf. If the commission poceeds to detemine an)
such issues thee 1ill "e paallel en=uiies unde1a) 1hich is hadl)
desia"le. Moeove no pupose 1ill "e seved ") the commission
aiving at findings o ganting eliefs o issuing diections since the
commission is not a Cout. <he Act does not envisage enfocement of
the commissionDs diections.
55. <he emaining points of efeence ae as follo1sK
?4. 6easons of temination of sevices H
$. ,hethe thee 1as unfai dismissal H
5. ,hethe the dismissal has caused loss of futue
caee oppotunit) H
C. ,hethe this Committee can ecommend to an
emplo)ee as follo1s J
# Lette of apolog)
# Compensation
# 6elief # 9onus
# 9enefits aising out of this dispute
# An) othe eliefs.@
5C. ,e ae of the vie1 that the National commission has no
Auisdiction to deli"eate upon o come to an) conclusion in elation
to items 4 to C a"ove o an) of them. All of these items 4 to C ae
31/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
"e)ond the scope of the function of the commission as set out in
section 1%. If in the couse of ca)ing out the investigation it
o"seves violation of 1omenDs ight, the commission ma) onl)
ecommend measues to pevent a fait accompli to that complainant.
In the pesent case, theefoe, the commission has no Auisdiction to
detemine 1hethe o not thee 1as an unfai dismissal o 1hethe
such dismissal has caused loss of futue caee oppotunit). No can
the Commission demand a lette of apolog), diect pa)ment of
compensation, o gant elief ") 1a) of odeing pa)ment of "onus.
6espondent No.& has alead) adopted the ciminal poceedings fo
"inging the alleged offendes to "oo2 and the couts "efoe 1hich
such poceedings ae "ought ae e!pected to t) the same.
5E. In conclusion, having consideed the su"missions of the
leaned counsel fo the paties and having peused the pleadings,
affidavits and elevant documents 1e ae of the opinion that the
tems of efeence famed ") the Commission 1ill "e su"sumed ")
the follo1ing "oad issues J
1. ,hethe the National Commission fo 1omen is
entitled to entetain complaints of individuals in elation
to the mattes concening ights of 1omen H
&. <he natue of eliefs the Commission can gant to the
individual complainants, if an) H
5F. ,e ae of the vie1 that the Commission is empo1eed to
loo2 into complaints elating to depivation of 1omenDs ights, non>
32/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
implementation of la1s enacted to povide potection to 1omen and
also to achieve the o"Aective of e=ualit) and development, non>
compliance of polic) decisions, guidelines o instuctions aimed at
mitigating hadships and ensuing 1elfae and povide elief to
1omen and to ta2e up such issues 1ith appopiate authoities.
'o1eve, it does not have un"idled po1e o authoit). <he
Commission functions in a ecommendato) capacit) and is
empo1eed to ta2e up issues elating to 1omen 1ith the authoities
concened. It is not an adAudicato) "od) )et 6espondent No.1
complies 1ith the =uasi>Audicial chaacte of ?(tate@ unde Aticle
1& of the Constitution of India.
5;. <hee is no dou"t that ") vitue of section 1%-1.-f. the
commission can loo2 into complaint addessed to it and ta2e suo
moto notice of mattes in elation to depivation of 1omenIs 1elfae
elated polic), decisions, guidelines and instuctions. <he commission
is also empo1eed to ta2e up such issues 1ith appopiate
authoities. <he po1es of the commission 1hile ca)ing out
investigation in elation to the afoesaid mattes including limited
po1es of a civil cout. 'o1eve, it does not appea to us that the
povisions of section 1%-$. invest the commission 1ith po1es of a
civil cout 1ith the intention ena"ling the commission to aive at the
findings of fact 1hich 1ill "ind the paties ietieva"l). <his can "e
infeed fom the fact that empo1ement of the commission unde
section 1%-$. is fo the puposes listed in section 1%-1.. <he intention
33/34
::: Downloaded on - 19/08/2014 16:40:47 :::
wp146.14.sxw
is that the commission is entitled to act as a guadian of 1omenIsD
ights 1ith a vie1 to ensuing that 1omenIsD ights ae potected o
not endeed inaccessi"le.
C%. As egads the second issue, namel), natue of eliefs the
commission can gant to individual complainant 1e ae of the vie1
that the commission ma) afte investigating the complaint ta2e up
the mattes 1ith appopiate authoities including emplo)e o such
othe pesons 1hose action o inaction have given ise to such
complaints. ,e ae of the vie1 that the commission is not entitled to
aive at final conclusions o gant eliefs that a civil o ciminal cout
can.
C1. In the esult the petition succeeds. 6ule is made a"solute
in tems of pa)e clause -a.. ,e, ho1eve, 1ish to claif) that
espondent no.& is at li"et) to poceed 1ith its ciminal complaints
and c)"e>cime complaint pending, if an), 1ithout "eing influenced
") an) o"sevation in this ode. <hee 1ill "e no ode as to costs.
*A. K. MENON! J.+ *V. M. KANADE! J.+
34/34
::: Downloaded on - 19/08/2014 16:40:47 :::