Vishaka guidelines

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VISHAKA GUIDELINES

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BANGALORE
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As Zia Mody says in her book, Ten Judgements that
Changed India, "Judicial activism reached its pinnacle
in Vishakha Vs. State of Rajasthan."
The Supreme Court provided the first authoritative
decision of 'sexual harassment at workplace';
In India The Supreme Court acknowledged and relied
to a great extent on international treaties that had
not been transformed into municipal law and;
It confronted with a statutory vacuum, it went
creative and proposed the route of 'judicial legislation.
Introduction

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BANGALORE
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Facts:
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.
What happened?

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The Supreme Court had inspected the case which highlighted the problem of Gender
Inequality, outraging the modesty of women, sexual harassment at the
workplace and rape as societal issues of substantial intensity. Thus violence against
women.
What was the decision?
Issue of the case
With no domestic legislation to adequately address sexual harassment in the
workplace, the Court undertook measures to enforce gender equality and non-
discrimination in accordance with universal human rights norms and standards.

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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
In particular, the Court referred to India’s ratification of the Convention on the Elimination of
All Forms of Discrimination against Women (CEDAW), which prohibits discrimination in the
workplace and outlines specific state obligations to end it:
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
General Recommendation No. 19: On the elimination of violence against women.
Provisions in Law

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Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
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COIMBATORE
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HYDERABAD
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Mob: +917901691606
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DEFINITIONS
Sexual harassment as:
Unwelcome sexually determined behaviour
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.
Vishaka V. State of Rajasthan

CHENNAI
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Mob: +919385432921
HYDERABAD
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Tel: +91 - 484 - 2366216
EMAIL
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WEBSITE
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GENERAL POINTS
Gender equality includes protection from sexual harassment
and the right to work with dignity as per our constitution.
Extra hazard for a working woman compared her male colleague
is clear violation of the fundamental rights of ‘Gender Equality’ &
Right to Life and Liberty.
Safe working environment is fundamental right of a working
woman.
In no way should working women be discriminated at the
workplace against male employees. (If a woman is, then it must
be documented in company policies, for example limitation of
women in police and armed forces.)

CHENNAI
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Mob: +919385432921
HYDERABAD
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
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GUIDELINES
In its judgment, the Court provided a set of guidelines for employers – as well as
other responsible persons or institutions – to immediately ensure the prevention
of sexual harassment. 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 appropriate legislation was created:
1. Duty of the Employer or other responsible persons in work places and other
institutions
2. Preventive Steps
3. Criminal Proceedings
4. Disciplinary action
5. Complaint mechanism
6. Complaints committee
7. Worker’s initiative
8. Awareness
9. Any third party
It shall be the duty of employer (and person in charge) to take all necessary and reasonable
steps, so as to assist the affected person (in terms of support and preventive action).
No prejudice of any rights available under the Protection of Human Rights Act, 1993.

CHENNAI
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Mob: +919385432921
HYDERABAD
Hyderabad - 500034.
Mob: +917901691606
COCHIN
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SALIENT FEATURES OF THE ACT
Superseded the Vishakha Guidelines
The Sexual Harassment of Women at Workplace (Prevention, Prohibition And
Redressal) Act, 2013 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.
SEXUAL HARASSMENT OF WOMEN AT WORKPLACE
(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

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Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
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COIMBATORE
#1533, Trichy Road,
Mob: +919385432921
HYDERABAD
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
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CHENNAI
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Mob: +919385432921
HYDERABAD
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Tel: +91 - 484 - 2366216
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WEBSITE
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The Act gives you a choice between dealing with the offender within the office or
approaching a court. If you wish, you can file a criminal complaint instead of
approaching your Internal/Local Complaints Committee.
Every employer is required to constitute an Internal Complaints Committee
at each office or branch with 10 or more employees. The District Officer is
required to constitute a Local Complaints Committee at each district, and if
required at the block level.
The Committee is required to complete the inquiry within a time period of 90 days.
On completion of the inquiry, the report will be sent to the employer or the District
Officer, as the case may be, they are mandated to take action on the report
within 60 days.
The Complaints Committees have the powers of civil courts for gathering evidence.
The Complaints Committees are required to provide for conciliation before
initiating an inquiry, if requested by the complainant.

CHENNAI
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Mob: +919385432921
HYDERABAD
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Tel: +91 - 484 - 2366216
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The inquiry process under the Act should be confidential and the Act lays down a
penalty of Rs 5000 on the person who has breached confidentiality.
The Act requires employers to conduct educational programmes and develop
policies against sexual harassment, among other obligations.
Penalties have been prescribed for employers. Non-compliance with the
provisions of the Act shall be punishable with a fine of up to 50,000/-.₹
Repeated violations may lead to higher penalties and cancellation of licence
or registration to conduct business.
Government can order an officer to inspect workplace and records related to
sexual harassment in any organisation.
Under the Act, which also covers students in schools and colleges as well as patients
in hospitals, employers and local authorities will have to set up grievance
committees to investigate all complaints. Employers who fail to comply will be
punished with a fine of up to 50,000/- rupees.

CHENNAI
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Mob: +919385432921
HYDERABAD
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CRITICAL ANALYSIS OF THE ACT:

Firstly, it hides those ladies operating within the defense
force, that area unit mostly men – dominated sectors.
Secondly, the act seems to be gender biased since it solely
protects ladies.
Thirdly, the act has wide scope for false allegations. There
are high possibilities at the hands of girls for her personal
advantages.
Fourthly, the availability relating to the fixing of the
financial compensation per the economic potential of the
person makes it discriminatory.

CHENNAI
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Mob: +919385432921
HYDERABAD
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONSEQUENSES

Has there been an implementation to these?

One of the major drawbacks being, that such laws and guidelines find their places only in law books and few
journals.
The common masses don’t get to know about such judgments. The NCW study shows that 60% of working
woman is still not aware of this.

In number of cases it was found that the women who made complaints had to meet with an enquiry about their
own conduct and no enquiry was made against the person against whom the complaint was made.

Lodging complaints often results in isolation of the women, both by employer and by the colleagues.

It results in increase and sometimes more violent harassment.

There is always a hesitation to initiate action against him.

Worst of all, the victim is usually pressured to take the complaint back, through threat.

Witnesses also tend to show their back since they are threatened to remain quite.
It was reported by the International Labour Organization that very few Indian employers were compliant to this
statute. Most Indian employers have not implemented the law despite the legal requirement that any workplace
with more than 10 employees need to implement it. According to a FICCI-EY November 2015 report, 36% of
Indian companies and 25% among MNCs are not compliant with the Sexual Harassment Act, 2013. The
government has threatened to take stern action against employers who fail to comply with this law.

CHENNAI
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Mob: +919385432921
HYDERABAD
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Tel: +91 - 484 - 2366216
EMAIL
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WEBSITE
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“While a murder destroys the physical frame of the victim,
a rapist degrades and defiles the soul of a helpless women”
The international brand UBER ran into a series of troubles in the last
year. Ever since 2012, the company has faced over 215 complaints, of
which 47 were directly regarding sexual harassment.
On November, 2013, Tarun Tejpal, the Founder of the magazine
Tehelka, was accused of sexual assault by one of his reporters on
two separate occasions.
This case dates to 2015. Gayathri Balaswamy entered into an
employment agreement, stating her appointment as a Vice-President
of the company Novasoft Technologies. However, within a few
months she resigned and lodged a criminal complaint against two
officers of the company.
CONCLUSION

CHENNAI
Tel: +91 - 44 - 22501318, 42107341
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Mob: +918277460648
COIMBATORE
#1533, Trichy Road,
Mob: +919385432921
HYDERABAD
Hyderabad - 500034.
Mob: +917901691606
COCHIN
Tel: +91 - 484 - 2366216
EMAIL
info@altacit.com
WEBSITE
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“A woman is like a tea bag. You can’t tell how strong she is until you
put her in hot water” - Eleanor Roosevelt

Justice Arjit Pasayat

Vishaka guidelines

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