Vishakha Guidelines: A Turning Point for Women's Safety at Work
What Are the Vishakha Guidelines?
The Vishakha Guidelines were a set of procedural norms laid down by the Supreme Court of India in 1997 to protect women from sexual harassment at the workplace. These were formulated in response to the Vishakha vs. State of Rajasthan case, which highlighted the urgent need for legal protection for working women in India.
Why Were These Guidelines Proposed?
The guidelines were a response to the brutal gang rape of Bhanwari Devi, a social worker in Rajasthan who was targeted for preventing child marriage. The case exposed the lack of any effective law to deal with sexual harassment at work, prompting the Supreme Court to step in using Article 32 of the Constitution (for enforcement of fundamental rights).
What Do These Guidelines Say?
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Definition of Sexual Harassment: Includes physical contact, advances, requests for sexual favors, sexually colored remarks, showing pornography, and any unwelcome physical, verbal or non-verbal conduct.
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Employer's Responsibility: Employers must take appropriate steps to prevent sexual harassment and provide procedures for the resolution and redressal of complaints.
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Complaints Committee: Every workplace should have a complaints committee headed by a woman, and half its members must be women. It should also involve a third-party NGO or individual to prevent internal bias.
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Awareness and Training: Organizations should conduct awareness programs and clearly communicate a zero-tolerance policy.
How Do the Guidelines Work in Practice?
- They empower women to speak up against sexual harassment.
- They make it mandatory for employers to act upon complaints.
- They lay a foundation for the internal mechanisms within organizations, such as Internal Complaints Committees (ICCs).
Amendments & Legal Status
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted to give statutory backing to the Vishakha Guidelines. This act made the guidelines legally binding and broadened their scope.
case laws related to the Vishakha Guidelines and workplace sexual harassment in India:
1. Vishaka & Ors. v. State of Rajasthan (1997)
Citation: AIR 1997 SC 3011
Significance:
This is the landmark judgment that led to the creation of the Vishakha Guidelines. The Supreme Court held that sexual harassment violates Articles 14, 15, 19(1)(g), and 21 of the Constitution and that international conventions like CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) should be used to fill legislative gaps.
2. Medha Kotwal Lele & Ors. v. Union of India (2013)
Citation: (2013) 1 SCC 297
Significance:
This case pushed for the strict implementation of the Vishakha Guidelines. The Supreme Court emphasized the need for compliance in both public and private sectors and directed state governments to check that all institutions had proper mechanisms in place.
3. Apparel Export Promotion Council v. A.K. Chopra (1999)
Citation: (1999) 1 SCC 759
Significance:
Reinforced the idea that attempted molestation and inappropriate behavior at the workplace qualifies as sexual harassment, even if there is no physical contact. The Supreme Court upheld the dismissal of a senior officer for misconduct.
4. Dr. Punita K. Sodhi v. Union of India (2010)
Citation: W.P.(C) No. 367/2009, Delhi High Court
Significance:
This case focused on due process in handling complaints. It highlighted the need for a fair and impartial Internal Complaints Committee and reinforced employee rights under principles of natural justice.
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