Vishaka Guidelines

1. Vishaka V. State of
Rajasthan
By Kalyani Mishra
College name:
Class & Sem
Roll Number

2. Introduction
 The Vishaka Guidelines are set of procedural guidelines for use in India in
cases of sexual harassment. In 1997, the Supreme Court formulated the
Vishaka guidelines making it mandatory for organisations, whether working in
the private or public sector to establish a mechanism for redressal of sexual
harassment complaints.

3. Definition
Sexual harassment as:
 Unwelcome sexually determined behavior
 Physical contact and advances.
 Sexually colored remarks.
 Demanding or requesting for sexual favors.
 Showing pornography.
 Any other unwelcome conduct of sexual nature may be verbal or non-verbal
or physical.
 Spreading rumours about a woman’s sexual relationship with anybody.
 Anything at work that can place the working woman at disadvantage
compared to other male employees in her official career just because she is a
woman – can be termed as sexual harassment.

4. Relevant Case section
 Sexual harassment in the workplace is a violation of women’s human rights,
specifically:
 Constitution of India
 Article 14: Equality before the law
 Article 15: Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth
 Article 19 (1)(g): Right to practice one’s profession, or to carry on any
occupation, trade or business
 Article 21: Right to life and personal liberty
 Article 11(1)(a, f): The right to work and the right to protection of health and
to safety in working conditions, including the safeguarding of the function of
reproduction
 Article 24: States parties undertake to adopt all necessary measures at the
national level aimed at achieving the full realization of the rights recognized
in the present Convention

5. Essentials, Elements, Scope and Nature
 These guidelines were formulated since the then civil and penal laws in India did
not adequately provide for specific protection of women from sexual harassment
in workplace. In accordance with Article 141 of India’s Constitution, these
guidelines were to be considered law until The Sexual Harassment of Women at
Workplace (Prevention, Prohibition And Redressal) Act, 2013 was created which
makes it illegal to sexually harass women in the workplace.
 This Act is only for women who are sexually harassed in workplaces.
 The Act is for any woman who is harassed in any workplace. It is not necessary for
the woman to be working at the workplace in which she is harassed. A workplace
can be any office, whether government or private.
 The Act defines sexual harassment at the work place and creates a mechanism for
redressal of complaints. It also provides safeguards against false or malicious
charges.
 Even if there are no cases of sexual harassment at the moment, it is still necessary
for the committee to be set up (if you employ more than 10 workers) and for all
rules to be followed.
 It talks about the different ways in which someone can be sexually harassed and
how they can complain against this kind of behaviour.

6. Case Laws
 Bhanwari Devi, who was a social worker (saathin) in Rajasthan was brutally gang raped by a
number of upper class men as she had tried to stop a child marriage.
 The incident took place in 1992.
 Bhanwari Devi was determined to get justice so she lodged a case against the offenders.
 However, the accused were acquitted by a trial court.
 Several inspired women’s groups and NGOs filed a PIL (Public Interest Litigation) in the
Supreme Court under the collective platform of Vishakha asking the court to give certain
directions regarding the sexual harassment that women face at the workplace.
 The result is the Supreme Court judgment, which came on the 13th August 1997, and gave
the Vishakha guidelines.
 The judgment of August 1997 provided the basic definitions of sexual harassment at the
workplace and provided guidelines to deal with it. It is seen as a significant legal victory for
women's groups in India.

7. Conclusion
 The Vishaka guidelines have laid the foundation for the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. As per
the current regime, employers with 10 or more employees are required to
constitute an internal complaints committee, conduct training, and
awareness sessions, etc.