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The Vishakha case significantly altered India’s perception of the problem of workplace sexual

harassment. It raised awareness about the problem and the pervasiveness of sexual harassment in the
workplace. The case also paved the way for the categorization of sexual harassment as a fundamental
right infringement against women. Employers must take action to stop and deal with workplace sexual
harassment in accordance with the guidelines and the Act. The case has also given women the
confidence to report instances of sexual harassment and request reparation.
Recently the minister for Women's Welfare Maneka Gandhi has stated that government will take
tough steps against any organizations, including NGOs that do not implement the new law. It is a
great idea to use a checklist to make sure that your organization is compliant with the law.
The lack of knowledge among employees and employers about the Vishakha Guidelines has been one
of the biggest obstacles to their implementation. The guidelines also mandate the creation of Internal
Complaints Committees (ICCs), which can be challenging to set up and sustain in companies. The
effectiveness of the ICCs in looking into sexual harassment claims has also been under criticism.
The Annual Review on the State of Sexual Harassment in India, a report by the Women’s Indian
Chamber of Commerce and Industry’s (WICCI) Council of Ethics, found that 50 percent and 55
percent of respondents respectively stated that they experienced “physical contact or advances” or
inappropriate touching, including pinching, pating, rubbing, or purposefully brushing up against
another person” at least once at the workplace. Of the people who faced such incidents, 55.2 percent
decided not to file a complaint.
In 2017, BBC surveyed 2000 respondents and showed that most victims of sexual harassment didn’t
report the violation. Either in fear of retaliation or if the harassment was played off as a joke, more
than half of all victims stayed silent. It’s important to encourage victims to come forward by setting
clear definitions about sexual harassment in the workplace through regular training and updating
sexual harassment policies to include concrete steps on reporting harassment.
Beyond just creating a strict anti-harassment policy, regular sexual harassment training and prompt
action against a harassment charge are needed.
In case, the accused employee belongs to the higher echelons of the organization, the complainant
employee finds the situation even more daunting. One of the major challenges faced by a complainant
employee is that the committee sometimes acts like a judge in its own cause. This happens because of
two key reasons. Firstly, the members know the accused employee personally and closely. Secondly,
the fear of backlash both within and outside the organization.
It is a very harsh reality that women across India face exploitation but very few have the ability to
raise their voices against it because of lack of family support, lack of education, social stigma and low
literacy level. Our basic motto should be to instill a culture in which every women shall have a right
to be free from sexual harassment and also to the right to work in a sexual harassment free zone which
is very important right of every person to live with respect and dignity free from mental and physical
torture.

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