Vishaka Guidelines : A significant turning point in the protection of women

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The Vishaka Guidelines, established by the Supreme Court of India in 1997, mark a significant turning point in the protection of women against sexual harassment in the workplace. Before these guidelines, there were no specific legal protections in place for women facing such harassment, and complaints were often addressed under general sections of the Indian Penal Code. The guidelines were created after the tragic case of Bhanwari Devi, a social worker who was sexually assaulted for her efforts against child marriage, and who was denied justice in the lower courts. This incident led women’s groups to demand better safeguards for working women.

Main Points of the Vishaka Guidelines Against Sexual Harassment at Workplace:

• Context and Necessity:

1. • Defined under the Protection of Human Rights Act, 1993.
   • It was established because the laws in place at the time were inadequate to protect women from workplace sexual harassment.

• Definition of Sexual Harassment:

1. • Includes unwelcome behaviour such as:
     • Physical contact and advances.
     • Demands or requests for sexual favours.
     • Sexually coloured remarks.
     • Showing pornography.
     • Any other unwelcome physical, verbal, or non-verbal sexual conduct.

• Circumstances and Impact:

1. • Harassment leads to humiliation, safety concerns, and discriminatory practices, including hostile work environments.
   • Adverse consequences may arise for victims if objections are raised.

• Responsibilities of Employers:

1. • Prevent and deter sexual harassment.
   • Provide mechanisms for resolution, settlement, or prosecution.
   • Expressly prohibit sexual harassment and incorporate it into rules, regulations, and standing orders.

• Workplace Conditions:

1. • Ensure no hostile work environment exists.
   • Provide appropriate work conditions to avoid disadvantage or discrimination.

• Handling Offences:

1. • Employers must take legal action for offences under the Indian Penal Code.
   • Ensure victims or witnesses are not victimised.
   • Allow transfer options for victims or the perpetrators (who committed the crime).

• Complaint Mechanism:

1. • Establish a Complaints Committee for the redressal of grievances.
   • The Committee should:
     • Be headed by a woman.
     • Have at least 50% women members.
     • Include a third-party member from an NGO or organisation familiar with the issue.
   • Maintain confidentiality and provide support services.
   • Submit annual reports to the relevant government departments.

• Awareness and Initiatives:

1. • Discuss sexual harassment issues in meetings between workers and their employers.
   • Promote awareness of women’s rights through notifications and training.

• Third-Party Harassment:

1. • Employers must assist victims when harassment involves third parties.

• Government Role:

1. • Central and State Governments must adopt measures, including legislation, to ensure compliance. (the act of obeying a rule or law)
   • These guidelines complement rights under the Protection of Human Rights Act, 1993.

• Obligations for Public and Private Sectors:

• • Public Sector:
    • Rules/regulations related to conduct and discipline should include the prohibition of sexual harassment.
    • Enforce appropriate penalties for offenders in accordance with existing rules.
  • Private Sector:
    • Employers must include prohibition of sexual harassment in standing orders under the Industrial Employment (Standing Orders) Act, 1946.

• Time-Bound Complaint Resolution:
  • Complaint mechanisms must ensure prompt and time-bound resolution.
  • Avoid undue delays to maintain the victim’s safety and dignity.
• Health and Hygiene Measures:
  • Employers must ensure that workplace conditions related to health, hygiene, and leisure promote a safe environment for women.
  • Women must not be disadvantaged in their employment because of these factors.
• Action on Misconduct:
  • If harassment constitutes misconduct under the service rules, employers must initiate disciplinary action in accordance with those rules.
  • Ensure processes align with service regulations to avoid procedural gaps.
• Role of Complaints Committee:

• • The Committee must be empowered to:
  • Recommend action against the offender.
  • Provide redressal for victims.
  • Submit annual compliance and action reports to the relevant government authorities.

• Victim and Witness Protection:
  • Victims or witnesses must not face retaliation, discrimination, or victimisation during or after the complaint process.
  • Employers must ensure protection.
• Addressing Hostile Work Environments:
  • Employers should eliminate hostile or toxic work environments by taking proactive steps, including proper monitoring and redressal systems.
  • This involves making sure no employee has valid reasons to think they are being treated unfairly in their job.
• Employer Accountability for Harassment:
  • Employers are accountable for harassment caused by third parties (e.g., vendors, contractors, visitors).
  • Steps must be taken to assist victims through preventive and supportive measures.
• Legislative Measures:
  • Governments are called upon to establish laws to implement these guidelines in all workplaces.
  • This also involves making sure that the private sector follows all the necessary rules and regulations.
• Encouraging Women to Report:
  • Employers should foster a culture of openness and support to encourage women to come forward without fear.
  • This includes addressing complaints in a constructive and empathetic manner.
• Integration with Existing Laws:
  • These guidelines do not supersede other laws but complement existing protections, such as the Protection of Human Rights Act, 1993, and provisions under the Indian Penal Code.
• Periodic Review and Improvement:
  • Organisations should periodically review policies and complaint mechanisms to align with evolving workplace needs and legal developments.
• Third-Party Reporting:
  • Victims must have access to third-party assistance, particularly from NGOs or external experts, to ensure an unbiased perspective during investigations.
• Gender-Sensitive Training:
  • Conduct regular gender-sensitisation training for employees at all levels to cultivate awareness and respect for workplace ethics.
• Reporting Compliance to Authorities:
  • Employers must regularly inform government departments about compliance with these guidelines and the actions taken to address complaints.

In conclusion, the Vishaka Guidelines are more than just legal directives; they are a call for cultural change, ethical leadership, and structural reforms in workplace functioning. They underscore that no woman should feel unsafe or threatened at her workplace, and that freedom from sexual harassment is a fundamental human right. By promoting accountability, awareness, and strong institutional support, the guidelines establish the foundation for a safer, fairer, and more inclusive work environment for everyone.

 

 

 

 

 

 

 

WORKS CITED

 Ali, Shaheen, and Swati Valiathan. Sexual Harassment at the Workplace: Reflections on the Law and Challenges Ahead. Oxford University Press, 2020.

Basu, Durga Das. Introduction to the Constitution of India. LexisNexis, 2019.

“Everything You Need to Know About Vishaka Guidelines.” Ungender. www.ungender.in/here-is-everything-you-need-to-know-about-vishaka-guidelines/.