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Law vishaka case


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Law vishaka case

  1. 1. Road Map…..  Review of Literature  Objectives of Case Study  Hypothesis of the study  Case Study  Findings  Conclusion and suggestion  Testing of hypothesis
  2. 2. Review of literature 1. There is no effective legislation 2. Domestic violence bill 3. Prevention, Prohibition and redressal act
  3. 3. 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.
  4. 4. Hypothesis 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
  5. 5. Case study 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.
  6. 6. 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.
  7. 7. 3. Preventive Steps : All employers or persons in charge of work place whether in public or private sector should take appropriate steps to prevent sexual harassment. 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 those rules. 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.
  8. 8. 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.
  9. 9. Articles in above case study Article 15 Article 42 Article 51A Article 51 Article 19(1)(g) Article 21 Article 11 Article 24
  10. 10. Findings 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
  11. 11. 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.
  12. 12. 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.