The Vishaka Guidelines: A

step against Sexual

Harrasment
The Vishaka Guidelines were a set of procedural guidelines for use in India in

cases of sexual harassment. They were promulgated by theIndian Supreme

Court in 1997 and were superseded in 2013 by the Sexual Harassment of

Women at Workplace (Prevention, Prohibition and Redressal) Act.

Background Pre-1997 the person facing sexual harassment at workplace had

to lodge a complaint under Section 354 of the Indian Penal Code 1860 that

deals with the 'criminal assault of women to outrage women's modesty', and

Section 509 that punishes an individual/individuals for using a 'word, gesture

or act intended to insult the modesty of a woman. During the 1990s,

Rajasthan state government employee Bhanwari Devi who tried to prevent

child marriage as part of her duties as a worker of the Women Development

Programme was raped by the landlords of the community. 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. The rape survivor did not get justice from Rajasthan High

Court and the rapists were allowed to go free. This enraged a women's rights

group called Vishaka that filed a public interest litigation in the Supreme

Court of India. This case brought to the attention of the Supreme Court of

India, "the absence of domestic law occupying the field, to formulate

effective measures to check the evil of sexual harassment of working women

at all work places." Vishakha vs. State of Rajasthan In 1997, the Supreme

Court passed a landmark judgment in the same Vishaka case laying down

guidelines to be followed by establishments in dealing with complaints about

sexual harassment.Vishaka Guidelines were stipulated by the Supreme Court

of India, in Vishakha and others v State of Rajasthan case in 1997, regarding

sexual harassment at workplace. The court stated that these guidelines were

to be implemented until legislation is passed to deal with the issue. The court

decided that the consideration of "International Conventions and norms are

significant for the purpose of interpretation of the guarantee of gender

equality, right to work with human dignity in Articles 14, 15 19(1)(g) and 21 of

the Constitution and the safeguards against sexual harassment implicit

therein." What is sexual harassment Sexual harassment includes such

unwelcome sexually determined behavior (whether directly or by

implication) as: a) physical contact and advances; b) a demand or request for

sexual favors; c) sexually colored remarks; d) showing pornography; e) any

other unwelcome physical verbal or non-verbal conduct of sexual nature.

Where any of these acts is committed in circumstances where the victim has

a reasonable apprehension that in relation to the victim’s employment or

work whether she is drawing salary, or honorarium or voluntary, whether in

government, public or private enterprise such conduct can be humiliating and

may constitute a health and safety problem. It is discriminatory for instance

when the woman has reasonable grounds to believe that her objection would

disadvantage her in connection with her employment or work including

recruiting or promotion or when it creates a hostile work environment.

Adverse consequences might be visited if the victim does not consent to the

conduct in question or raises any objection thereto. Thus, sexual harassment

need not involve physical contact. Any act that creates a hostile work
environment - be it by virtue of cracking lewd jokes, verbal abuse, circulating

lewd rumours etc. counts as sexual harassment .

The main ingredients of the guidelines issued by the Hon’ble Supreme Court
of India are elucidated as follows. 

Definition of Sexual Harassment 

The guidelines issued by the Supreme Court widens the meaning and scope
of sexual harassment. It defines sexual harassment as an unwanted sexual
determination which is directly or impliedly intended to cause the following: 

1. Physical contact or advances.

2. A demand or request for sexual favours.
3. Sexually coloured remarks.
4. Showing pornography.
5. Any other unwelcome conduct whether it is physical, verbal or non-
verbal. 

Provide a safer working environment 

It is the duty of each employer to provide a safe working environment for

each and every employee working in the organisation to grow and prosper.
This involves taking adequate steps towards protecting the interest of the
women employees and ensuring that none of the employees indulges in the
practice of sexual harassment. Appropriate disciplinary action must be taken
by the employer if any case regarding sexual harassment or ill-treatment of
a woman employee is found. 

Duty of the employer to file a complaint 

The guidelines also lay down the obligation of the employer to file a
complaint if the conduct towards an employee amounts to a criminal offence
which is punishable under the Indian Penal Code. The employer needs to
initiate an action and ensure that the witnesses are not further victimised. 

Complaint redressal committee 

The guidelines make it mandatory for all organisations to set up a complaint

redressal committee in order to ensure that the complaints of the employees
are dealt with properly and suitable action is taken in response to such a
complaint. 

Employer to assist the employee if she is sexually harassed 

If the employee is sexually harassed or tortured by a third party, like in the

case of Bhanwari Devi, an employer should assist the employee in every
possible manner. This was not the case in the Bhanwari Devi case where the
employer denied all responsibilities and did not assist Bhanwari Devi in
attaining justice. 

The guidelines provide that the employers are required to assist the
employees in terms of both preventive actions and support to these victims. 

Duty of employer to spread awareness 

It is also the duty of the employer to spread awareness in his organisation

with regard to the matters pertaining to sexual harassment and the safety of
women. This can be done by notifying the employees time as well as
conducting workshops and devising other interactive ways to make the
female employees aware of their rights. 

Duty of government to widen the scope of these guidelines 

The guidelines also urge the centre and the state government to pass the
necessary legislation so as to ensure that the private sector is also bound by
these guidelines. This would help in the growth and prosperity of the women
as well as the nation as a whole. 
The Vishaka guidelines were later on replaced by the Sexual Harassment of
women at the workplace (prevention, prohibition and redressal) Act,
2013. The new act passed in 2013 broadens the definition of aggrieved
women to involve women of all ages, in order to suit the modern-day
conditions. It also broadens the scope of the term workplace which was
earlier limited only to the traditional office set-up. 

Conclusion 
The Constitution of India is the supreme law of our country and must be
protected and respected in every instance. The fundamental rights of
equality and personal liberty should be protected and the citizens of our
country should not be discriminated against on any grounds. Hence, it is
legal as well as a moral duty to provide a safer work environment for women
to prosper. 

The Vishaka guidelines are a set of guidelines that were instituted by the
Supreme Court of India to ensure the safety of women at workplaces and
lays down the guidelines for dealing with the cases that are related to sexual
harassment at the workplace. The Bhanwari Devi case is the most significant
landmark case in the history of cases involving sexual harassment of
women. 

The Vishaka guidelines is a pioneering step taken to ensure the safety of

women. According to the guidelines, the employers of the organisations are
responsible to take preventive actions to stop sexual harassment at
workplaces and to file a complaint if such Act is found to have happened with
the employee. 

This would ensure that the women who are sexually harassed get the
required support in terms of money from their employers so that they are
able to file a case in the court and be represented by competent lawyers. 

Vishaka guidelines have now been superseded by the Sexual Harassment of

women at the workplace (prevention, prohibition and redressal) Act, 2013.
However, the Vishaka guidelines are the most significant set of guidelines
which are believed to have helped in the development of the Act of 2013. 

ypes of workplace harassment

Verbal harassment

Verbal harassment can be an ongoing battle of destruction that threatens your health
and career. It consists of demeaning remarks, offensive gestures and unreasonable
criticism. It can involve insults, slurs, unwanted "jokes'' and hurtful comments.

Verbal harassment can be difficult to recognize and is often a gray area, since it is a
nonphysical form of violence.

"Often, yelling, cursing, or making inappropriate remarks or jokes about a co-worker

is seen as a case of personality conflict and not as harassment, even when such
behavior can have a negative psychological impact on the victim and result in
outcomes such as depression, high blood pressure, and anxiety," said Chancey.

Psychological harassment

Psychological harassment is similar to verbal harassment, but it is more covert and

consists of exclusionary tactics, like withholding information. Chancey said that these
actions are intended to mentally break down the victim, chip away at their self-
esteem and undermine them.

"Behaviors such as taking credit for someone's achievement, making impossible

demands, imposing unreasonable deadlines on a particular employee, constantly
requiring an employee to perform demeaning tasks that are outside of their job
scope, or persistently opposing everything someone says may not seem like
harassment, but this can be a form of deliberate psychological bullying," he said.

Digital harassment (cyberbullying)

Even though digital harassment is online, it can be just as detrimental as in-person

bullying. It is the newest form of harassment and occurs across many outlets.

"[Digital harassment includes] posting threats or demeaning comments on social

media, creating a fake persona to bully someone online, creating a webpage about
the victim to mock and belittle them, and making false allegations online," said Sheri
Mooney, CEO and president of Mind Squad HR.

Social media has become common in the workplace, and with the discussion of
taboo topics becoming more acceptable, Chancey said it is now possible for anyone
to digitally harass others in the name of free speech or being ''woke.''
"People tend to be braver – which, unfortunately, includes being meaner – behind a
screen," Garvin said. "The good news about online harassment: It is documentable
and easily proved. This helps so much with reporting and proving it."

To monitor the situation, Garvin suggested taking screenshots, saving emails on

your personal computer and keeping a file of everything that makes you
uncomfortable.

Physical harassment

Physical harassment in the workplace can vary in degrees. Mooney said these can
include simple unwanted gestures like touching an employee's clothing, hair, face, or
skin, or more severe gestures like physical assault, threats of violence, and damage
to personal property.

Because of the variation in degrees of physical harassment, it can be hard to

identify. Chancey said that some physical harassment might be downplayed as a
joke if there is no physical harm done.

"If an employee routinely shoves, blocks and kicks a co-worker, but the victim has
never been hurt from the shoves and kicks, this might not be seen as harassment,
especially if it is done by a supervisor or an otherwise high-performing worker," he
said.

Even if there is no severe physical harm, it can still be considered physical

harassment. If a situation becomes violent, employees should call 911 immediately
and avoid intervening in the situation.

Sexual harassment

Sexual harassment is a serious offense and more common than you might think.
According to a ZipRecruiter survey, 40% of female respondents and 14% of male
respondents have experienced sexual harassment in the workplace. It's a prevalent
crime that is not exclusive to women. A person of any gender can be the perpetrator
or victim of sexual harassment.

Sexual harassment includes unwanted sexual advances, such as inappropriate

touching, sexual jokes, sharing pornography, sending sexual messages, or requiring
sexual favors in exchange for a promotion or job security. Although defining sexual
harassment may seem straightforward, it is not always so obvious.

"Sexual harassment in the workplace is seldom egregious," Chancey said. "Most of

the time, it is masked in mild banter, inoffensive comments that are accompanied by
sexual gestures or tones, or awkward but seemingly innocuous statements that
portray people of a certain gender (usually women) in a negative light."

This creates a gray area that makes it easy for perpetrators to get away with their
conduct. Mooney said that many victims do not want to draw attention, so they keep
it to themselves, thinking it will get better. Some victims are extremely concerned
about retaliation, including job loss, should they report the harassment. However, if
someone is creating a hostile working environment and making you feel
uncomfortable, you should file a complaint.

ow to report workplace harassment

Human resource departments are intended to help employees, especially those in
serious situations where they feel uncomfortable or in danger. A lack of physical
evidence should not deter a victim from filing a complaint. In fact, most grievances
and complaints lack physical evidence.

Mooney said that reporting workplace harassment is important, because there may
be other victims who have reported similar offenses by the same perpetrator, and the
employer could be waiting for more evidence to take appropriate action.

While many organizations have formal policies on reporting workplace harassment,

others may not. Chancey encourages employees to take the following steps in these
nonviolent situations:

1. Try to resolve the issue with the harasser in a calm manner. Ask them,
preferably in a private setting, to stop directing this behavior at you. However,
if the abuse is physical, do not approach your harasser.

2. Consider escalating the issue to your immediate manager – unless, of course,

your manager is the perpetrator. Bring the issue to the attention of HR if your
attempts to resolve it with the harasser fail. If you can, provide evidence such
as screenshots, texts, messages and eyewitness accounts.

3. If you feel that your managers, HR and company management did not deal
with your case satisfactorily, get in touch with the EEOC, which can
investigate the incident impartially. Some large municipalities and metro
areas, like New York City, have their own laws and agencies regulating
workplace conduct, in which case a victim may make a claim through that
municipality.

When dealing with workplace harassment, you should avoid a few certain behaviors,
according to Chancey. Most importantly, avoid retaliating, since retaliation can
escalate the issue.

In addition, avoid complaining to co-workers. Your colleagues do not have much

power to change anything and will likely water down your version of events if they
are called to testify.

Again, don't keep quiet about the harassment. Remaining quiet will not make the
perpetrator's behavior go away. All harassment incidents should be reported, and all
complaints should be thoroughly investigated.

Workplace harassment laws

While effective policy starts with the decisions of business owners, there are wider
federal and state laws that protect workers from workplace harassment. A well-
known example is the federal government's requirement for all businesses to provide
equal employment opportunity to all Americans. This is usually summarized at the
end of job postings and applications, highlighted in an "equal opportunity employer"
section.

These are some other workplace harassment laws:

 The Equal Pay Act of 1963: This law makes it illegal for businesses to pay
different wages to men and women if they complete the same level of work in
the same workplace.

 Title VII of the Civil Rights Act of 1964: This law makes it illegal to
discriminate against someone on the basis of race, color, religion, national
origin or sex. It also protects victims and individuals who report these crimes
in or out of the workplace.

 The Age Discrimination in Employment Act of 1967: This law says that

individuals over 40 years old cannot be discriminated against in the workplace
because of age.

While these are most prominent examples of discrimination laws, safe working
environments are the result of well-planned and consistently practiced individual
policies within the workplace. Whether you own a small business or work at one, do
your best to help foster and build a positive policy and protect your employees and
colleagues.

Matt D'Angelo contributed to the reporting and writing in this article. Some source
interviews were conducted for a previous version of this article.

Abstract

Sexual harassment is a recurring problem around the globe. Different nations have
taken measures to deal with the consequences of such a problem. Continuous
development of policies is observed. Nations or companies are dealing with the topic
by either reacting or pro-acting to the salient situations. Lebanon is not different than
other countries. Sexual harassment occurs in the workplace, but unfortunately there
are no public records of the cases. Therefore, this research attempts to close such a
gap. This paper explores sexual harassment in the workplace within selected
Lebanese organizations. A questionnaire has been developed and circulated to that
purpose. The organizations contacted comprised of one hotel, several restaurants
and night clubs, and a university. The high response rate (67%) has enabled a
comprehensive and reliable information resource to be created, hopefully to enable
application in terms of on-the-ground practice and levels of awareness and action in
the stated regions. This information is considered particularly timely as it reflects the
current position in Lebanon. The expected outcome of this paper is the development
of policies and creation of awareness which build on the findings of this research.
Findings are also expected to contribute to defining future research work.

However, despite scientific advances, the workplace safety literature suffers from a lack of
theoretical and empirical integration that makes it difficult for organizational scientists to gain
a comprehensive sense of (a) what we currently know about workplace safety and (b) what
we have yet to learn. This review addresses these shortcomings. First, the authors provide a
formal definition of workplace safety and then create an integrated safety model (ISM) based
on existing theory to summarize current theoretical expectations with regard to workplace
safety. Second, the authors conduct a targeted review of the safety literature and compare
extant empirical findings with the ISM. Finally, the authors use the results of this review to
articulate gaps between theory and research and then make recommendations for both
theoretical and empirical improvements to guide and integrate future workplace safety
research.
Although workplace harassment affects the lives of many employees, until recently it has been
relatively ignored in the organizational psychology literature. First, the authors introduced an
attribution- and reciprocity-based model that explains the link between harassment and its
potential causes and consequences. The authors then conducted a meta-analysis to examine
the potential antecedents and consequences of workplace harassment.

Introduction: Workplace harassment is the belittling or threatening behavior directed at an

individual worker or a group of workers. Matters of workplace harassment recently gained interest
among practitioners and researchers as it is becoming one of the most sensitive areas of effective
workplace management

Harassment is a form of employment discrimination that

violates Title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act of 1967, and the Americans
with Disabilities Act of 1990. Harassment is an unwelcome
conduct that is based on race, color, religion, sex (including
pregnancy), national origin, age (40 or older), disability, or
[1]
genetic information. Harassment is a costly proposition for
employers. It can result in low morale, absenteeism, reduced
productivity, employee turnover, and damages and litigation
[2]
costs. The 2014 Workplace Bullying Institute, Zogby national
survey, shows that 27% have experienced workplace bullying
in the past, and 7% of employees currently suffer workplace
[3]
bullying.
A study conducted in Bangladesh on workplace harassment is
becoming the most panic issue in the workplace, and human
resource management revealed that among the participants