Review of Literature
Objectives of Case Study
Hypothesis of the study
Conclusion and suggestion
Testing of hypothesis
Review of literature
1. There is no effective legislation
2. Domestic violence bill
3. Prevention, Prohibition and
Objective of case study
The objective of our case study is to
observe the various aspects leading to
sexual harassment of women at workplace.
The aim of our study is to determine the
level of sexual harassment awareness; to
determine the types of harassments and to
identify the type of actions normally taken
by victims of the same.
The condition of women even in today’s modern era is
vulnerable. Women are suppressed and are not allowed to
enjoy their freedom even their very fundamental rights which
are the very birth right of every citizen of India. Such
conditions of women even prevail at workplaces where many
women become victims of sexual harassment at the hands of
their employers. Their right to work with dignity which is a
universally recognised basic human right. Hence through our
case study, we would want to show the problems faced by
women at workplace
The Supreme Court Guidelines evoked in the Case of
Vishaka and others V. State of Rajasthan and others owing to
the gang rape of Bhanwari Devi by a group of Thakurs as she
attempted to stop a child marriage in their family.
The trial court acquitted the accused, but Bhanwari was
determined to fight further and get justice. . In the months
that followed women’s groups launched a concerted
campaign for justice for Bhanwari.
On December 1993, the High Court said, “it is a case of
gang-rape which was committed out of vengeance”.
This provoked women’s groups and NGOs to file a petition in
the Supreme Court of India under the name name ‘Vishaka’,
asking the court to give certain directions regarding the sexual
harassment that women face at the workplace. The result is
the Supreme Court judgement, which came on 13th August
1997, and gave the Vishaka guidelines.
GUIDELINES AND NORMS LAID DOWN BY THE
HON’BLE SUPREME COURT IN VISHAKA & ORS. V.
STATE OF RAJASTHAN & ORS. (JT 1997 (7) SC 384)
1. Duty of the Employer or other responsible persons in work
places and other institutions.
2. For this purpose, sexual harassment includes such unwelcome
sexually determined behaviour (whether directly or by
implication) as :
a) Physical contact and advances;
b) a demand or request for sexual favours;
c) sexually coloured remarks;
d) showing pornography;
e) any other unwelcome physical, verbal or non-verbal conduct
of sexual nature.
3. Preventive Steps : All employers or persons in charge of work place
whether in public or private sector should take appropriate steps to prevent
4. Criminal Proceedings :Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint
with the appropriate authority.
5. Disciplinary Action :Where such conduct amount to misconduct in
employment as definded by the relevant service rules, appropriate
disciplinary action should be initiated by the employer in accordance with
6. Complaint Mechanism :Whether or not such conduct constitutes an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer’s organization for redress of
the complaint made by the victim.
7. Workers’ Initiative : Employees should be allowed to raise issues of
sexual harassment at workers’ meeting and in other appropriate forum and
it should be affirmatively discussed in Employer-Employee Meetings.
9. Third Party Harassment :Where sexual harassment occurs
as a result of an act or omission by any third party or outsider,
the employer and person in charge will take all steps necessary
and reasonable to assist the affected person in terms of support
and preventive action.
10. The Central/State Governments are requested to consider
adopting suitable measures including legislation to ensure that
the guidelines laid down by this order are also observed by the
employers in Private Sector.
11. These guidelines will not prejudice any rights available
under the Protection of Human Rights Act, 1993.
Articles in above case study
Manisha Sharma vs Union of India and Ors -21 Dec., 2012
P.K. Puthuppan, President vs K.S. Girija -27 Aug., 2008
Dr. B.N.Ray vs Ramjas college and Ors – 21 May, 2012
Dr. Punita K. Sodhi vs Union of India and Ors – 9 Sep., 2010
Dr. B.N.Ray vs Ramjas college and Ors – 21 May, 2012
Conclusions & Suggestions
Vishakha’s case has thus become a landmark case for the whole
society to spread out awareness regarding safeguarding women’s
rights and providing security to them. The judgment of
vishakha’s case has also prompted many studies and survey’s
that looked at the measures to deal with sexual harassment.
This case also highlighted the equality that should be given to
women at workplace and treat them with equal self respect.
Also this case gave rise to many of the NGO’s which today
work for women’s rights and equalities.
Testing of Hypothesis
From the hypothesis that we made in the beginning of the study, we can
conclude that the situation of women even at an educated place is meagre.
The rights and the freedom of the women are not well safeguarded. They
are looked upon as a means of use and throw object. But this situation is
not only prevalent with women in this society. Even men have gone through
sexual harassment at workplaces. Though this side has not been highlighted
much in the society, even men have been victimized. Hence we have proved
our hypothesis to be correct being that the position of women at workplace
is considered to be lower and also that their safety and security is also not
well safeguarded in our society.