Vishaka Guidelines Sexual Harassment at Workplace

Nandan Neelam Nikhil Priyanka Srikrishnan

Alok Ando Arun Msuya Minjal

Mahatma Gandhis quote

If all the evils for which man has made himself responsible, none is so degrading, so shocking, or brutal as his abuse of the better half of the humanity, the female sex

Position of Law Prior to Vishaka

Bhanwari Devi was a Dalit and so her rapists, the upper caste men, could not have possibly raped her.

It isnt possible in the Indian culture that a man who has taken a vow to protect his wife in front of the holy fire, just stands and watches his wife being raped, when only two men almost twice his age are holding him.

The judge inferred that the presence of one Brahmin amongst the accused leads him to observe that gangs in rural areas are not usually multi-caste and so the accused could not have acted together.

Fundamental Rights of Women

What was the law on sexual harassment in the workplace prior to the Vishaka Case? ; What was the need for the Vishaka Guidelines? Article 32: Remedies for enforcement of right Art. 14: Right to equality Art. 15: Right to non-discrimination Art. 16: Right to equal opportunities in employment

Contd
Art. 21: Right to life

Art. 19(1)(g): Right to practice any profession or to carry out any occupation, trade or business
Art. 51 A(a): It is the duty of every citizen to abide by the Constitution and respects its ideals and Institutions Art. 253: Legislation for giving effect to international agreements

GUIDELINES AND NORMS LAID DOWN BY THE SUPREME COURT

1. Duty of Employer/ other responsible persons in work places/other institutions:
Duty to prevent/deter Commission Acts of Sexual Harassment Identify the acts that constitute sexual harassment Prohibit acts of sexual harassment workplace/precincts place of her residence Penalize commission of acts of sexual harassment Duty to provide procedure For resolution/ settlement or prosecution of acts of sexual harassment by taking all steps required.

2. Definition of sexual harassment:

Any unwelcome sexually determined behaviour (whether directly or by implication) such as : Physical contact and advances Demand or request for sexual favours Sexually coloured remarks Showing pornography

Any other unwelcome physical, verbal or nonverbal conduct of sexual nature.

3. Preventive Steps:

a) Express prohibition of Sexual Harassment must be notified, published and circulated b) Government/ PSUs Rules/ Regulations for conduct/ discipline must include rules/ regulations prohibiting Sexual Harassment and provide for appropriate penalties against the offender

Contd
c) Private employers must include prohibitions in the standing orders

d) Appropriate work conditions to be provided in respect of work, leisure, health and hygiene to ensure that:
No hostile environment towards women at
work places and No employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

4. Criminal Proceedings

Initiate criminal proceedings under IPC if such conduct amounts to a specific offence under IPC or any other law.
Ensure prevention of victimization and discrimination of victims and witnesses.

Provide optional transfer, if the victim feels necessary.

5. Initiate disciplinary proceeding

Where such conduct amounts to misconduct in

employment, appropriate disciplinary action should be initiated by the employer.

6. Complaint Mechanism
The complaint mechanism should provide, where necessary: A Complaints Committee A special counselor or Other support services There must be strict maintenance of confidentiality

7. Complaints committee
Headed by women Not less than half members should be women Includes a third party/ NGO

8. Workers Initiative
Employees should be allowed to raises issues of Sexual Harassment at workers meetings, employer and employee meetings & other forums.

9. Awareness
Create awareness of the rights of female employees to be created at workplace. Notify guidelines in suitable manner

10. Third Party Harassment

Necessary steps to be taken by the employer to assist the victim in terms of support and preventive action

11. Central and State government to adopt suitable measure including legislation to ensure these guidelines

are also observed by employers in PRIVATE SECTOR

12. These guidelines will not prejudice any rights available under Protection of Human Rights Act, 1993

Cases post Vishakha Guidelines

Phaneesh Murthy Infosys Nalini Netto IAS Officer, Kerala

P.E.Usha, Calicutt University

Cases of sexual harassment in the Judicial sector

The Corporate Scenario

MJ Sonia, an employee of Nokia Siemens commits suicide leaving a note stating two seniors responsible for her death

Referring to the suicide of an employee in Bangalore, Poonam Kaul, head corporate communication at Nokia India said, "It was not a sexual harassment case. Nokia have an operational grievances committee and a Site Development Council at Chennai and Bangalore centres.

Contd
50% of the workforce in BPO and 28% in the IT sectors are women. Nasscom raised these issues at various forums and encouraged best practices which

can be adopted by the companies.

Infosys also has sexual harassment cell call ASHI (Anti Sexual Harassment Initiative). Founder of UNITES Professionals India, a redressal forum for IT/ITeS employees.

Problems faced by corporate

Negative publicity

Liabilities by the way of damage

Impact on employee morale.

Critical review of Vishaka Guidelines

Make provision for sexual harassment for unorganized sector Including trial procedure

Time to time surveys

Enough awareness Help from NGOs