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I have endeavored to attempt this project. However, it would not
have been feasible without the valuable support and guidance of
123456789. I would like to extend my sincere thanks to her.
I am also highly indebted to 123456789, for their patient cooperation as well as for providing necessary information & also for
their support in completing this project.
My thanks and appreciations also go to my co-intern who gave their
valuable insight and help in developing this project.


Vishaka v. State of Rajasthan case based on Sexual Harassment, Sexual Harassment
means Sexual harassment in the workplace is usually associated with a heterosexual
employee making unwelcome sexual advances to another heterosexual employee of
the opposite gender. There are also cases where a homosexual employee harasses an
employee of the same sex. But can a heterosexual employee sexually harass another
heterosexual employee of the same gender
Sexual harassment in India is termed “Eve teasing” and is described as: unwelcome
sexual gesture or behaviour whether directly or indirectly as sexually coloured
remarks; physical contact and advances, showing pornography; a demand or request
for sexual favours; any other unwelcome physical, verbal/non-verbal conduct being
sexual in nature. The critical factor is the unwelcomeness of the behaviour, thereby
making the impact of such actions on the recipient more relevant rather than intent of
the perpetrator. According to India’s constitution, sexual harassment infringes the
fundamental right of a woman to gender equality under Article 14 of the Constitution
of India and her right to life and live with dignity under Article 21 of the
Constitution. Although there is no specific law against sexual harassment at workplace
in India.
As observed by Justice Arjit Pasayat: “While a murderer destroys the physical frame
of the victim, a rapist degrades and defiles the soul of a helpless female”.
In this case Supreme Court laid down the following guidelines which recognized it not
only as a private injury to an individual woman but also as the violation of her
fundamental rights. These guidelines are significant because for the first time sexual
harassment is identified as a separate category of legally prohibited behavior. These
are subjected to all workplaces until any other legislation is passed by parliament in

Critical analysis of Judgement given in VISHAKHA CASE. the absence of civil society consultation on this draft is acute. However. together with the civil society has proposed several draft laws between 2005 and 2010. the Government of India. 2010’. Scenario in the post-Vishakha guidelines period 10 4. CONTENT Page No. Summary of the case 05 2. 2010 is entirely a government version. Definition of sexual harassment at work 10 5. introduced in the Parliament on December 7. 1. The Vishakha guidelines 11 6. 13 . the latest draft ‘Protection of Women against the Sexual Harassment at the Workplace Bill. Introduction 08 3.3 this regardbased on the Vishaka guidelines.

Conclusion 17 9. The Protection of Women against Sexual Harassment at Work Place Bill. To know how a judgement (vishakha guideline) became a law as earlier there were no such law to amend so how law made by Judges. References 19 OBJECTIVE/AIM OF THE STUDY    To understand that why VISHAKHA GUIDELINE cam into existance.4 7. IMPORTENCE . Neccesity of such law. 2016 15 8.

 SEXUAL HARASSMENT OF WORKING WOMEN BY RAMNI TANEJA ADVOCATE. so this project will be limited upto law against sexual harrasment of women. We will see how much crime this law can privale or how much rights women has got against sexual harrasment on workplace. according to him Sexual violence is often used to thwart these challenges and lock Indian women into traditional roles.we will understand how this could happen that law made by judgement without amending. author explicates sexual harassment in India as a crime related to women’s everyday struggle to challenge traditional boundaries and reformulate identities. In this article author discussed Unequal employment opportunities as adults. SCOPE OF THE STUDY In this project we will mainly deal will guideline given by Judges in respect of Banwari case. and integrates that dialogue with its own particular history to create a distinct legal reform and likewise things he has given in his article. LITERATURE REVIEW In my project i have included some relevent things from articles “FRAGILE SPACE”: SEXUAL HARASSMENT AND THE CONSTRUCTION OF INDIAN FEMINISM BY MADHAVI SUNDER. NEW DELHI. Discrimination and its effect that threatens women’s . reduced access to healthcare at all ages. serves as one example of Indian feminists self-consciously creating a legal reform movement that both engages international dialogue on sexual harassment. which departs from traditional victimbased analyses of the crime in the West.5 From this project we will understand making of vishakha guideline and their neccesity. In this article. The resulting “process-based” He talked about Indian analysis of sexual harassment.

He has discussed ‘the Girl Child Scheme’. that have I added in my project.  REFINING THE REGULATION OF SEXUAL HARASSMENT BY VIRGINIA GRAINER. According to auther. According to him women are harder than men.6 very survival. considerable progress has been made in this jurisdiction since 1985 when the Equal Opportunities Tribunal virtually apologised to a defendant for finding him guilty of sexual harassment. Refining the regulation of sexual harassment must be placed high on the agenda of legal change. which is aimed at transforming the social perception of girls from ‘curses and liabilities’ to sought-after family members. It is now recognized for what it is . Valuable comparisons educate feminists in both India and the United States about their respective sexual harassment protections and how those protections function simultaneously to help and hurt women in the workplace. Hopefully. represents an opportunity for feminists to work together in order to confront a pressing problem. Sexual harassment is no longer the novelty it was in the 1970s and early 1980s. So in this article auther has given comparision between old laws and new laws regarding sexual offences. putting 50 million in the “missing” category. it was contended that. India’s sex ratio has declined from 972 in 1901 to abuse of power most often perpetuated by men against women.  ALONG THE SPECTRUM OF WOMEN'S RIGHTS ADVOCACY: A CROSS-CULTURAL COMPARISON OF SEXUAL HARASSMENT LAW IN THE UNITED STATES AND INDIA BY LOUISE FELD. In this article. It is time to stop congratulating ourselves that the problem is now acknowledged and that procedures exist to cope with it. . The United States and India. Anita Hill's experience has confirmed for the world that allegations of sexual harassment are to be taken seriously. These procedures must be refined so that they are no longer the blunt instruments they once were. especially among the very poor who live below the poverty line.

RESEARCH METHODOLOGY The method of Doctrinal reasearch has been followed. trade or profession depends on the availability of a . Authored by the Indian Supreme Court. SUMMARY OF THE CASE a) Judgement In disposing of the writ petition with directions. Recent years have witnessed a novel culture dominate the workings of the Indian judiciary and basically this has been discussed in yhis article. The “least dangerous” branch in history became India’s most assertive organ.” And some other issues also been discussed. A process that began nearly twenty-five years ago has changed the internal dynamics of India’s constitutional democracy. it was held that: “The fundamental right to carry on any occupation.These guideline are enough to get justice in such type of cases.and these guideline came as a law given by Judges. The new order has seen the emergence of the Court in stature.7  LAW MAKING BEYOND LAWMAKERS: UNDERSTANDING THE LITTLE RIGHT AND THE GREAT WRONG (ANALYZING THE LEGITIMACY OF THE NATURE OF JUDICIAL LAWMAKING IN INDIA'S CONSTITUTIONAL DYNAMIC) BY SHUBHANKAR DAM. the novelties have refashioned the institutional order in a manner historically unknown to constitutional democracies.For some the judiciary is “the sanctuary of Indian humanity” and for others it is “the world’s most powerful court. HYPOTHESIS In this project we assume that the gudelines given in Judgement has good effect to prevent such type of crime. domestically and beyond.there were no seperate law against sexual harrasment .

C. Manohar B.S. effective redress requires that some guidelines for the protection of these rights should be laid down to fill the legislative .I. JJ.N. Verma C.  Statutes referred Constitution of India • Article 14 (the right to equality) • Article 15 (the right to non discrimination) • Article 19(1)(g) (the right to practise one’s profession) • Article 21 (the right to life) Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) • Article 11 ([State] takes all appropriate measures to eliminate discrimination against women in the field of employment) • Article 24 ([State shall] undertake to adopt all necessary measures at the national level aimed at 1http://www. A. Mrs.dnaindia.”1 Quoram J. Kirpal. belongs to the legislature and the executive. The primary responsibility for ensuring such safety and dignity through suitable legislation.J. however. and the creation of a mechanism for its enforcement. V. The right to life means life with dignity. N. Sujata V. Dr.J. When. instances of sexual harassment resulting in violations of Arts 14. Anand. Khare. J. 19 and 21 are brought under Art 32.8 ‘safe’ working environment.S.I.

Bhanwari Devi was subjected to social boycott. Women experiencing sexual harassment at workplace had to lodge a complaint under Section 354 of the Indian Penal Code that deals with the ‘criminal assault of women to outrage women’s modesty’. State of Orissa 1993(2) SCC 746 b) Case (Background) In India before 1997. aiming to end the evil of child marriages in villages of Rajasthan. she tried to stop Ramkaran Gujjar’s daughter marriage who was an infant but marriage took place. gesture or act intended to insult the modesty of a woman’.2 FACTS OF THE CASE Bhanwari Devi was a social worker (saathin) at rural level in a development programme initiated by State Government of Rajasthan. As a result of this. The only doctor in the Primary Health Centre refused to examine Bhanwari and the doctors at Jaipur only confirmed her age without mentioning any reference to rape in his medical report. At the police station too.9 achieving the full realization)  Cases referred Nilabati Behera vs. In September 1992. It happened in front of his . These sections left the interpretation of ‘outraging women’s modesty’ to the discretion of the police officer. and Section 509 that punishes an individual or individuals for using a ‘word. as a part of her work. she was gang-raped by a group of five men in which one was Ramkaran himself. the women constables taunted her 2indiankanoon. there was no formal guidelines for how an incidents involving sexual harassment at workplace should be dealt by an employer. Once.

32 3 of the Constitution of the enforcement of these fundamental rights in the absence of legislation must be viewed along with the role of judiciary envisaged in the Beijing statement of principles of the independence of the judiciary in the LAWASIA region. Even in past midnight policemen asked Bhanwari to leave her lehenga behind as evidence and return to her village. There principles were accepted by the Chief 3http://www. under the name ‘Vishaka’. There principles of the Independence of the judiciary in the LAWASIA region. The common minimum requirement of this right has received global acceptance. and named as the Vishaka guidelines. which came on 13th August 1997. the High Court made a statement. Accused was acquitted by trial court but Bhanwari was determined to fight further and get justice. She said that she had nothing to be ashamed of and that the men should be ashamed due to what they had done.indiankanoon. ARGUMENTS The Counsels in the Supreme Court argued for implementing the sexual harassment prevention guidelines that sexual harassment of women at workplace violates Article 14. asking the court to give certain directions regarding the sexual harassment that women face at the workplace.10 throughout the night. She was left with only her husband’s bloodstained dhoti to wear. On December 1993. The obligation of the court under . They argued that gender quality includes protection from sexual harassment and right to work with dignity. so she took the case in High Court. The international conventions and norms are therefore of great significance in the formulation of the guidelines to achieve this purpose. which is a universally recognized basic human right. 15 and 21 the Constitution of India and violate the constitutional rights of woman. “it is a case of gang-rape which was committed out of vengeance”. The result is the Supreme Court judgement. This sentence provoked women’s groups and NGOs to file a petition in the Supreme Court of India. The groups had filed a petition in the Supreme Court of India.

The objectives of the judiciary mentioned in the Beijing statement are: The objectives and functions of the judiciary include following: (a) To ensure that all persons are able to live securely under the Rule of Law. to institutionalise a national level mechanism to monitor the implementation of the Platform for Action.4 ORBITOR DICTA At the Fourth World Conference on Women in Beijing. the Government of India has also made an official commitment.pdf . and (c)To administer the law impartially among persons and between persons and the fill the vacuum in existing legisletion. to set up a Commission for Women’s to act as a public defender of women’s human rights.slideshare. RATIO DECIDENDI The present writ petition has been brought as a class action by a group of certain social activitists and NGO’s with the aim of focusing attention towards their sociatal abberration and assisting in finding suitable methods for realisation of true concept of ‘gender equality’and to prevent sexual harrasment of working women in all work places through judicial process.. the observance and the attainment of human rights. to formulate and operationalize a national policy on women which will continuously guide and inform action at every level and in every sector.iiap. inter within the proper limits of the judicial function.11 Justices of the Asia and the pacific at Beijing in 1995 as those representing the minimum standards necessary to be observed in order to maintain the independence and effective functioning of the judiciary.5 4 5http://www.res. (b)To promote.

The more the problem of sexual harassment is discussed in the open by the trade unionists.Unions have a duty to make members aware of the nature and scope of the problems involved.In respect to that a party of social worker women loaded complain for not having enough guideline for sexual harrasment cases. of teachers by their colleagues.After that Bhanwari devi vs state of Rajasthn happened in which a social worker was repes by men just because she tries to stop child marriage. of PhD students by their guides and so on and so forth received a lukewarm response from the trade unions and adverse publicity in the media (FAOW. During the 1980s. Sexual Harassment at the Workplace (SHW) has remained one of the central concerns of the women’s movement in India since the early 80’s. . and Section 509 that punishes an individual or individuals for using a ‘word. Vishakha guideline initiatives There were no formal guidelines for how an incidents involving sexual harassment at workplace should be dealt by an employer. gesture or act intended to insult the modesty of a woman’.12 CONCLUSION “Vishakha guidelines against sexual harassment” prove to be ineffective if they are not followed up by prompt action and dissemination within the country. the easier it will become to eliminate it from the workplace. principals and management representatives. Male trade unionists will need to examine their behaviour towards women at work and in the union. both female and male. to take action to prevent sexual harassment occurring and to set up a grievance procedure to deal with it. However. the i still feels that specific customised guidelines for our country prove advantageous. of air-hostesses by their colleagues and passengers. ward-boys and other hospital staff. Women experiencing sexual harassment at workplace had to lodge a complaint under Section 354 of the Indian Penal Code that deals with the ‘criminal assault of women to outrage women’s modesty’. militant action by the Forum Against Oppression of Women (Mumbai) against the sexual harassment of nurses in public and private hospitals by patients and their male relatives.

gesture or act intended to insult the modesty of a woman'. But this trivialisation did not deter the women’s rights activists. against ‘super cop’ K. The court stated that these guidelines were to be implemented until legislation is passed to deal with the issue (Mathew. These sections left the interpretation of 'outraging women's modesty' to the discretion of the police officer. in Mumbai.were allowed to go free. Some noteworthy complaints of SHW that came into the national limelight were filed by:  Rupan Deo Bajaj. . More and more working women started taking systematic action against SHW. women experiencing SHW had to lodge a complaint under Section 354 of the Indian Penal Code that deals with the ‘criminal assault of women to outrage women’s modesty’. This enraged a women’s rights group called Vishakha that filed PIL in the Supreme Court of India (Combat Law. 2003). an IAS officer in Chandigarh. During the 1990s. The feudal patriarchs who were enraged by her (in their words: “a lowly woman from a poor and potter community”) ‘guts’ decided to teach her a lesson and raped her repeatedly (Samhita. After an extremely humiliating legal battle in the Rajasthan High Court the rape survivor did not get justice and the rapists – “educated and upper caste affluent men” -.  An IAS officer in Thiruvananthapuram. In 1997. Before 1997.  An airhostess against her colleague Mahesh Kumar Lala. and Section 509 that punishes individual/individuals for using a 'word.  An activist from the All India Democratic Women's Association. the Supreme Court passed a landmark judgment in the Vishakha case laying down guidelines to be followed by establishments in dealing with complaints about sexual harassment. against the state minister. against the environment minister in Dehra Dun. 2001). 2002).13 1991). the most controversial and brutal gang rape at the workplace involved a Rajasthan state government employee who tried to prevent child marriage as part of her duties as a worker of the Women Development Programme.P.S Gill.

employers and co-workers. 2003). has highlighted to the state and civil society the gravity of the menace of SHW (SCWSD and ICHRL. A Sophia Centre for Women’s Studies and Development study shows that awareness and implementation of the Supreme Court's guidelines is very low and there is a need to spread awareness about the same. 53% women and men did not have equal opportunities. by the chairman and managing director of NALCO (Ramanujan. complaints against a senior professor at Lucknow University (Times of India. most private companies refrain from investing funds in such committees. and only 20% of organisations had implemented the Vishakha guidelines (Dalal. A survey by Sakshi (Delhi) throws up some worrying data: 80% of respondents revealed that SHW exists. sexual harassment includes such unwelcome sexually determined behaviour as: . 2003). 49% had encountered SHW. 2003). the Medha Kotwal petition on SHW of a PhD student by her guide at M S University. Vadodara. 2003). Definition of sexual harassment at work The Supreme Court directive of 1997 clearly and unambiguously provides an answer to the question ‘What is sexual harassment?’.14 Scenario in the post-Vishakha guidelines period Several organisations have carried out research on SHW that has been widely disseminated. 58% had not heard of the Supreme Court’s directive of 1997. As defined in the Supreme Court guidelines (Vishakha vs State of Rajasthan. 41% had experienced SHW. 2004). Still. complaints about SHW by the film star Sushmita Sen against the CEO of Coca-Cola have all alerted employers to the economic burden and efficiency loss from SHW. Controversy over SHW by the senior manager of Infosys (Nair. throwing light on the Bhanvari Devi case. 53% were treated unfairly by supervisors. August 1997). A study by Samhita (Kolkata).

verbal or non-verbal conduct of a sexual nature. or work in a voluntary capacity in the government. Complaints mechanism  All workplaces should have an appropriate complaints mechanism with a . Now women are fighting back tooth and nail. The electronic and print media have become extremely responsive to the issue of SHW. leering. witch-hunting and blackmailing. My firsthand experiences with providing support to women survivors of SHW has convinced me that we need to counter the myths about SHW with concrete facts. private sector or unorganised sector come under the purview of these guidelines. The Vishakha guidelines categorically state that: It is the duty of the employer or other responsible persons in the workplace or institution to:  Prevent sexual harassment  Provide mechanisms for the resolution of complaints All women who draw a regular salary. receive an honorarium. case studies and a database.15  Physical contact  A demand or request for sexual favours  Sexually coloured remarks  Showing pornography  Any other unwelcome physical. etc The Supreme Court directive provided the legitimate space for the hidden truth about SHW to surface. earlier one only heard about victim-blaming. making sexual remarks about a person's body. for example. telling dirty jokes.

Employer’s responsibilities .  Names and contact numbers of members of the complaints committee must be prominently displayed.16 complaints committee.  The committee should include an NGO/individual familiar with the issue of sexual harassment.  The complaints procedure must be time-bound. employer-employee meetings. Preventive steps  Sexual harassment should be affirmatively discussed at workers' meetings. etc. special counsellor or other support services.  Central and state governments must adopt measures.  Guidelines should be prominently displayed to create awareness about the rights of female employees. including legislation.  The employer should assist persons affected in cases of sexual harassment by outsiders.  Confidentiality must be maintained. to ensure that private employers also observe the guidelines.  Complainants/witnesses should not experience victimisation/discrimination during the process.  A woman must head the complaints committee and no less than half its members should be women.

 Recognise the liability of the company. 4. 3. 6. It is thus imperative that the committee consist of persons who are sensitive and open to the issues faced by women. for sexual harassment by the employees or management. and prohibition of such behaviour as an offence. 2.  Recognise the responsibility of the company/ factory/workplace to prevent and deal with sexual harassment at the workplace. Clear definition of sexual harassment (using examples). Third-party suppliers and clients . Discussing the policy with all new recruits and existing employees. Employers are not necessarily insulated from that liability because they were not aware of sexual harassment by staff. The Supreme Court guidelines envisage a proactive role for the complaints committee.  The range of penalties that the complaints committee can levy against the offender should include: 5. andprevention of sexual harassment at work is a crucial role. Publishing the policy and making copies available at the workplace.17  Recognise sexual harassment as a serious offence.  Formulate an anti-sexual harassment policy. A clear statement of the employer's commitment to a workplace free of unlawful discrimination and harassment. A guarantee that neither complainant nor witnesses will be subjected to retaliation. Constitution of a complaints committee to investigate. This should include: 1. A statement that anyone found guilty of harassment after investigation will be subject to disciplinary action. mediate. Explicit protection of the confidentiality of the victim of harassment and of witnesses. 7. counsel and resolve cases of sexual harassment. etc.

trade or profession depends on the availability of a “safe” working environment. and 218 of the constitution to carry on any occupation.S. Kirpal.N. Employer’s duty Freedom from sexual harassment is a condition of work that an employee is entitled to expect. on behalf of Justice Sujata Manohar and Justice . on a writ petition which was filed by ‘Vishaka’. with active involvement of the complaints committee.Verma. 8. It was of the view that the fundamental right to carry on any occupation. trade or profession but it should be ensured that trader should provide a safe working environment at work place.18 should also be aware of the policy. including CEDAW10 and observed that every woman has a fundamental right to freedom from Sexual Harassment. The court observed that it is fundamental right of working woman under article 14 6. The Supreme Court referred to various international human right 9 instruments. 6 Article 14(the right to equality) 7 Article 19(I)(g) (the right to practice one’s profession) 8 Article 21(the right to life) 9 Nhrc. The right to life means life with dignity.nic. CRITICAL ANALYSIS OF JUDGEMENT GIVEN IN VISHAKHA CASE JUDGEMENTThe judgment was delivered by Chief Justice J. Supreme Court has laid down guidelines to be followed by employees to prevent sexual harassment of women employees. Conducting periodic training for all employees. The guidelines are mandatory till they are replaced by legislation.htm 10Convention on the Elimination of All forms of Discrimination against Woman. Women’s rights at the workplace are human rights. 197(1) (g).

preventive steps to be taken in this 13Article 141 of the constitution. CRITICAL ANALYSIS The Supreme Court referred to the definition of Sexual harassment suggest in Vishaka vs. Supreme Court made the definition of sexually determined behavior in a wider sense by including any kind of acts which include physical contact.19 This is implicit from Article 5111 and the enabling power of the Parliament to enact laws for implementing the International Conventions and norms by virtue of Article 25312 read with entry 14 of the union list in Seventh of the Constitution. criminal proceedings. And these rights should not be based on prejudices any right available under the protection of Human Right Act 1993. verbal or non verbal conduct of a sexual nature with women. The main objective of this aim is to facilitate the gender equality and to prevent discrimination for women at the workplace. State of Rajasthan14. to encourage workers initiative. creating awareness and against third party harassment 12http://www. demand for sexual favors.(Law declared by Supreme Court to be binding on all courts The law declared by the Supreme Court shall be binding on all courts within the territory of India) 14 AIR 1997 SCC 3011 at 3014 15www.indiankanoon. The Supreme Court in absence of any enacted law was called upon to provide for effective enforcement of basic human rights of gender equality and guarantee against sexual harassment. complaints mechanism and complaints para16 point2 . Supreme Court give Sexual Harassment definition 15 shows 11http://www. disciplinary action.The Supreme Court stated that the guidelines for the sexual code at every workplace are to be treated as a declaration of law in accordance with Article 14113 of the constitution. The guidelines and norms specified by the Supreme Court include the duty of employer in work place and other institutions. Court ruled out that at every workplace there should be a sexual code and there should be a proper mechanism to enforce cases which fall under the ambit of this sexual harassment code. showing pornography. sexually remarks.

20 that sexual harassment of a form of sex discrimination projected through unwelcome favors and other verbal or physical conduct with sexual overtones. the guidelines should be included in the relevant employment guidelines. Vishaka involved the alleged rape of a woman by state employees and the failure of officials to investigate the complaint. Chief Justice of India. The supreme court guideline set out that persons in charge of a workplace in the public or private sector would be responsible for taking the appropriate steps to prevent sexual harassment by taking the appropriate steps including :The prohibition of sexual harassment should be published in the appropriate ways and providing the appropriate penalties against the offender. where sexual harassment occurs as a result of an act or omission by any third party or outsider. Vishaka v. particularly when submission to or rejection of such a conduct by the female employee was capable of being used for affecting the employment of the female employee and unreasonably interfering with her work performance and had the effect of creating an intimidating or hostile working environment for her. whose quote begins this section. the employer and person-in-change will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action. That sexual harassment of a female at the place of work is incompatible with the dignity and honors of a female and needs to be eliminated and that there can be no compromise with such violation admits of no debate. for private employees. the UN Committee on the Elimination of Discrimination Against women had interpreted “discrimination” as including all forms . whether directly or by implication. State of Rajasthana case presided over by Justice Bhagwati. Although CEDAW does not have any specific provision on violence. A group of activists brought a “public interest litigation” action and requested the Supreme Court to frame guidelines for the prevention of sexual harassment and violence against women based on CEDAW.

15. the court held: In the absence of domestic law occupying the field to formulate effective measures to check the evil of sexual harassment of working women at all workplaces. the contents of international conventions and norms are significant for the purpose of the interpretation of the guarantee of gender equality. to promote the object of the constitutional guarantee. the right to work with human dignity in articles 14.The bill seeks to ensure protection of women against sexual harassment at the workplace. 2010 Finally approved the introduction of the Protection of Women against Sexual Harassment at Workplace Bill. 11th Session.17 The Protection of Women against Sexual Harassment at Work Place Bill. not just in informing reformers. UN Doc CEDAW/C/1992/L. . both in public and private sectors whether organised or unorganized. Any international convention not inconsistent with the fundamental rights and in harmony with its spirit must be read into these provisions to enlarge the meaning and content thereof.1/Add. against Woman. The Bill lays down the definition of sexual harassment and seeks to provide a mechanism for redressing complaints. but actually influencing the law. which hopefully will slowly be realized. The integration of international human rights norms into domestic law is an important goal.21 of violence against women16. Reading CEDAW together with the Committee’s recommendation. 17 The term domestic violence is used in Malaysia and finally violence in Singapore and they are treated interchangeably in this article. It provides for the constitution of an ‘Internal Complaints Committee’ at the work place and a ‘Local Complaints Committee’ at the 16UN committee on the Elimination of Discrimination.15 (1992). 19(1) (g) and 21 of the Constitution of India and the safeguards against sexual harassment implicit therein. General Recommendation NO 19. This is the most direct impact of CEDAW and evidence that international human rights discourse and feminist perspectives can play an effective and critical role. 2010 in Parliament.

A District Officer (District Collector or Deputy Collector). In 1997 as part of the Vishaka judgment. A draft Bill was circulated by the Ministry of Women and Child Development for public feedback in 2007. shall be responsible for facilitating and monitoring the activities under the Act.  The Complaints Committees have the powers of civil courts for gathering evidence. The Vishaka guidelines defined sexual harassment and codified preventive measures and redressal mechanisms to be undertaken by employers. if requested by the complainant. The District Officer is required to constitute a Local Complaints Committee at each district.  The Complaints Committees are required to provide for conciliation before initiating an inquiry. . The current Bill establishes a framework to be followed by all employers to address the issue of sexual harassment. the Supreme Court drew upon the CEDAW and laid down specific guidelines on the prevention of sexual harassment of women at the work place. It also provides safeguards against false or malicious charges.22 district and block levels. and if required at the block level.  Every employer is required to constitute an Internal Complaints Committee at each office or branch with 10 or more employees. Highlights of the Bill  The Bill defines sexual harassment at the work place and creates a mechanism for redressal of complaints.

composition and functions of these Committees.  Unlike sexual harassment legislation in many other countries. However. The Bill does not clearly demarcate the jurisdiction.23  Penalties have been prescribed for employers. this Bill does not provide protection to men. This could deter victims from filing complaints.  The Internal Complaints Committee has been given the powers of a civil court.K Chopra18 181997 IVAD Delhi 646. it does not require members with a legal background nor are there any provisions for legal training. Repeated violations may lead to higher penalties and cancellation of licence or registration to conduct business. Key Issues and Analysis  There could be feasibility issues in establishing an Internal Complaints Committee at every branch or office with 10 or more employees.  Cases of sexual harassment of domestic workers have been specifically excluded from the purview of the Bill. Sexual Harassment: Case laws in India  Apparel Export Promotion Council v.  Two different bodies are called ‘Local Complaints Committee’.000. A.  The Bill provides for action against the complainant in case of a false or malicious complaint. Non-compliance with the provisions of the Act shall be punishable with a fine of up to Rs 50. 1997 (42) DRJ 526 . 68 (1997) DLT 303.

Mardikar21  Railway Board Vs.LJ 137 Delhi .  Article 21 (the right to life). 2000 SC 988 231989 Cr.24  Mrs. 1995 SCC (6) 194 20(1996) 2 SCC 384 21 (1991) 1 SCC 57 22AIR. Article 24 ([sate shall] undertake to adopt all necessary measures at the national level aimed at achieving the full realization 191996 AIR 309. Kanwar Pal Singh Gill19  State of Punjab Vs.Habib Vs State23 Law Constitution of Indian  Article 14 (the right to equality). Convention on the Elimination of All Forms of Discrimination against Woman (CEDAW)  Article 11 ([state] takes all appropriate measures to eliminate discrimination against woman in the field of employment. Madhukar N.  Article 19(I) (g) (the right to practice one’s profession).  Article 15 (the right to non discrimination). Chandrima Das22  Mohd. Gurmit Singh20  State of Maharashtra Vs. RupanDeol Bajaj v.

Despite these developments.25 OUTCOME OF PROJECT After doing the project we can see that it was essential to have such type of law or guideline against sexual harrasment and it is really effective nowdays. the problem of sexual harassment is assuming alarming proportions and there is a pressing need for domestic laws on the issue. Surprisingly. in turn. India is rapidly advancing in its developmental goals and more and more women are joining the workforce. this is the first time it has been recognised as an infringement of the fundamental rights of a woman. with a meteoric rise in the number of cases. trade or business”. could affect business efficacy. 1997. under Article 19(1)(g) of the Constitution of India “to practice any profession or to carry out any occupation. Articles 14. Of late. leading to loss of production and loss of reputation for the organisation or the employer. 15 and 21 of the Indian Constitution provide safeguards against all forms of discrimination. the recognition of the right to protection against sexual harassment is an intrinsic component of the protection of women’s human rights. insecurity and emotional disturbance. In India. however. In recent times. the Supreme Court has given two landmark judgments -. 1999 -. low which it laid down certain guidelines and measures to ensure the prevention of such incidents. in most cases women do not report the matter to the concerned authorities. In fact. and Apparel Export Promotion Council vs A K Chopra.Vishakha vs State of Rajasthan. It is the duty of the state to provide for the wellbeing and respect of its citizens to prevent frustration. which. It is also a step towards . Even though the occurrence of sexual harassment at the workplace is widespread in India and elsewhere. the problem of sexual harassment at the workplace has assumed serious proportions. CONCLUSION Sexual harassment at the workplace is a universal problem.

In the last 50 years. Most international women's human rights movements have raised their voice against abuse and violence perpetrated against women in general. the UN General Assembly adopted the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). The same was reiterated in the Beijing Declaration. A Bill to Prevent Sexual Harassment at the Workplace. prevention and protection. 2005. examining the issue comprehensively through its components of redressal. Government should understand that separate laws may not bring about equality in gender relations but a law dealing with sexual harassment would provide women immense support in their struggle. has already been introduced in the Indian Parliament. the organizers facilitated the process of identifying problems to fill gaps that need to be addressed by any law combating sexual harassment at the workplace. The convention emphasised that discrimination and attacks on a woman's dignity violated the principle of equality of rights. Areas where discrimination was found to be rampant include political rights. family and employment. equality of opportunity and the right to work with dignity. By focusing on the implementation of the Vishaka guidelines across sectors. Women’s groups have begun lobbying with . various international human rights organisations have been focusing on promoting and protecting women's rights.26 providing women independence. In 1979. One organisation can alter its approach to handle sexual harassment by viewing other organisations tactic. and drawing from experiences and perspectives shared at the Consultation. This will reduce or eliminate glitches caused by this harmful transgression. marriage. Government and employers should ensure that women should be treated equally and gender discrimination should not take place at the workplace. The United Nations has acknowledged that women’s rights are synonymous with human rights. Effective implementation of the policies can reduce the manifestation and mutilation of the sexual harassment to the minimum.

in particular. At the same time organisations such as Men Against Violence and Abuse. The police and the judiciary. There should be speedy redressal and an increase in the conviction rate. must be encouraged (Sadani. also need to be gender-sensitised. Women are reluctant to complain and prefer silence due to lack of sensitivity on the part of Indian society. References (Bibliography) .27 parliamentarians to get it passed as an Act in the winter session of Parliament. The victim’s privacy must be protected. In any civilised society. even in the government sector. there is no sexual harassment complaints committee at most workplaces. transgressors must pay for their unsolicited sexual advances. Despite bold judgments by the Supreme Court. 2003). that conduct gender-sensitisation programmes and self-defence classes to combat sexual harassment at the workplace. it is the fundamental right of people to be able to lead their lives with dignity. We all know that India is a patriarchal society and most cases of sexual harassment remain unreported. Women themselves should be made aware of their right to a safe and harassmentfree work environment. Structures and mechanisms should also be created for women in the unorganised/informal sector to combat SHW. it is important to be aware of the difficulties confronting our society and ways to overcome them. To effectively prevent SHW we need both a top-down initiative by the state and employers and civil society initiatives from citizens' groups. The concept and definition of sexual harassment should be clearly laid down. For any sexual harassment law to be successful in India. The apex court must direct the various workplaces to form sexual harassment committees within a stipulated time frame. There is a need to gender-sensitise our society so that the victim does not feel guilty and is encouraged to report any form of harassment. free from mental or physical torture. women's organisations and trade unions. To ensure this. and the redressal mechanism made known to women in each and every sector of the economy.

Crouch.  Lawmaking beyond Lawmakers: Understanding the Little Right and the Great Wrong (Analyzing the Legitimacy of the Nature of Judicial Lawmaking in India's Constitutional Dynamic) by Shubhankar Dam.  Along the spectrum of women's rights advocacy: a cross-cultural comparison of sexual harassment law in the United States and India by Louise Feld. Lexis Nexis Publication.Jain. 2001  “Indian Constitutional Law”.Union of India and Others Articles  In a “Fragile Space”: Sexual Harassment and the Construction of Indian Feminism by MADHAVI SUNDER. .28 Books  Thinking about Sexual Harassment: A Guide for the Perplexed By Margaret A.  Refining the regulation of sexual harassment by Virginia Grainer.P. 7th edition. M. 2015.  Sexual Harassment of Working Women by Ramni Taneja Advocate. Cases    Tarum Tejpal vs State of Goa Bhannwari Devi vs Sate of Rajasthan Medha Kotwal Lele and Others vs. New Delhi.Oxford University Press.

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