Vishakha and Others v/s State of Rajasthan

Whether it’s rape or sexual harassment, both are serious offences as they not only involve physical injuries but severe emotional and mental torture.

Sadly, there were no formal guidelines for sexual harassment until the final judgement of Vishakha and Others v/s State of Rajasthan on 13/08/1997, a case that started with a petition filed by Bhanwari Devi, a social worker in Rajasthan who was brutally ganged raped by Gujjar men for stopping child marriage.

However, the accused was acquitted by the trial court but this injustice towards Bhanwari Devi led to several women and NGO’s filing a collective petition concerning sexual harassment issues under the title ‘Vishakha’ in Supreme Court.

In the final judgement, the Honorable Bench of CJI Justice J.S. Verma, Justice Sujata Manohar and Justice B.N. Kripal highlighted the problem of gender inequality, sexual harassment at workplaces, rape and how the fundamental rights under article 14, 15, 19, 21, 42, 51A and 253 are violated.

The bench laid down a set of guidelines known as ‘Vishakha Guidelines’ for protection of women that are as follows;

1. It is the duty of the employer at the workplace to prevent the commission of sexual harassment and also provide procedures for resolving, settling, and prosecuting.
2. The term sexual harassment includes any unwelcome sexual behaviour whether directly or indirectly:
   • physical contact and advances
   • demanding or requesting sexual favors
   • passing sexually colored remarks
   • showing pornography
   • any other unwelcome physical, verbal, non-verbal conduct of sexual nature
3. All employers at workplaces whether private or public without the prejudice to generality should take the following steps.
   • Rules and regulations prohibiting sexual harassment along with appropriate penalties should be included in the general rules and regulations of the government or public sector.
   • Private employers should include the aforesaid prohibitions under the Industrial Employment (Standing Orders) Act, 1946.
   • Proper work conditions ensuring respect for work, leisure, health, and hygiene should be maintained so that there are reasonable grounds for a woman employee to believe that she isn’t taken advantage of in connection with her employment.
4. In case of any such offenses, proper actions should be initiated per law by making compliant with appropriate authority under the Indian Penal Code or any other law. The employer also has to make sure that the victim is not victimized or discriminated against for filing a complaint.
5. In case of any such offenses amounting to misconduct in employment, the appropriate disciplinary actions should be initiated by the employer per rules and regulations.
6. In case of any such offenses under law or breach of service rules, an appropriate complaint mechanism should be created to ensure time-bound treatment of complaints.
7. The complaint mechanism referred in point (6) should be effective to provide a special complaint committee that;
   • is headed by a woman and not less than half of its members are women
   • includes a special counsellor or other support services to maintain  confidentiality
   • includes a third party i.e NGO or any other body to avoid any pressure or influences by higher authorities
   • files an annual report to the government department of the complaints and actions taken against them.
8. The issue of sexual harassment should be allowed to raised and discussed in the employee-employer meetings.
9. Awareness regarding the enacted rights of the female employees should be prominently notified as guidelines in a suitable manner.
10. If sexual harassment occurs as a result of a third party or outsider, then the employer should take the necessary steps to support and prevent the affected person.
11. The Central/State government should take necessary measures to ensure the guidelines laid down by this order should be observed in private sectors also.
12. These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993.

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Author’s Bio

A Counselor by choice & an Advocate by Profession, I look forward to bringing about positive change in our society with the help of my counseling and advocacy skills. Lastly would like to conclude by saying “May we all evolve positively, without being lost in tragedies of life”