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Yash Jain Case3

The Vishakha case established guidelines for preventing sexual harassment of women at the workplace. It defined sexual harassment and outlined employer responsibilities like establishing complaint committees. The Sexual Harassment of Women at Workplace Act of 2013 superseded the Vishakha guidelines and requires workplaces with over 10 employees to implement anti-harassment policies. However, many employers remain non-compliant. The Criminal Law Amendment Act of 2013 also made sexual harassment a criminal offense with defined penalties to further deter such conduct at work. While laws have improved protections, complete prevention of such offenses cannot be ensured but they have established standards to promote gender equality as envisioned in the Constitution.

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110 views2 pages

Yash Jain Case3

The Vishakha case established guidelines for preventing sexual harassment of women at the workplace. It defined sexual harassment and outlined employer responsibilities like establishing complaint committees. The Sexual Harassment of Women at Workplace Act of 2013 superseded the Vishakha guidelines and requires workplaces with over 10 employees to implement anti-harassment policies. However, many employers remain non-compliant. The Criminal Law Amendment Act of 2013 also made sexual harassment a criminal offense with defined penalties to further deter such conduct at work. While laws have improved protections, complete prevention of such offenses cannot be ensured but they have established standards to promote gender equality as envisioned in the Constitution.

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YashJain
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CASE STUDY ON:

LAW IN RELATION TO SEXUAL HARASSMENT AT WORKPLACE

With Special Reference to:


VISHAKHA AND OTHERS V STATE OF RAJASTHAN JUDGEMENT

Citation: AIR 1997 SC 3011

FACTS:
As for the facts of the case, the alleged gang rape of a village woman, Bhawari Devi, who was a social
worker (saathin) at rural level in a development program initiated by State Government of Rajasthan,
aiming to curb the evil of child marriages in villages was allegedly raped by Thakurs when she was trying
to stop a child marriage is definitely a case of gang-rape which was committed out of vengeance. This
cause for justice for Bhawnari Devi was supported by large no of workers and saathin with moment
“Vishakha” leading to formulation of guideline norms to be observed to prevent sexual harassment of
working women, now colloquially known as “Vishakha Guidelines”

OBSERVATION:

It was observed in this particular case the question of sexual harassment of working women. The bench
headed by justice J S Verma, along with Sujata V Manohar and B N Kirpal, JJ observed that sexual
harassment at work place not only amounts to violation of fundamental right to equality but also rights of
gender equality and right to life and liberty. Thus the present writ petition is fit on the merits of Article
14, 15, 19 (1) (g) and 21. Also as a logical consequence of this, it amounts to violation of right to practice
any profession, occupation or trade. Thus Victim is therefore entitled to remedy of article 32.

Laying down the guidelines, JJ’s observed that:


1. Duty of the employer to deter and prevent the sexual harassment by the way of providing the
procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all
steps required.
2. Defined sexual harassment and behavior as any:
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.
Honorable court has also made this definition applicable to offences in relation of employment course
such as that of drawing salary, honorarium etc. or any similar course of employment.
3. Nature of Preventive Steps as to:
a) Express Prohibition of sexual harassment as defined above
b) Inclusion of Rules/regulation of government and imposition of appropriate penalties for non
compliance of the same within the organizational code of conduct.
c) As for the private employees, to include prohibition in standing orders of Industrial
employment Act, 1946
d) Providing of appropriate and safe, sound and respectful working conditions to the employees.
4. Criminal Proceedings to be under IPC or any other law in force
5. Disciplinary action to be taken in regards to any act which amounts to misconduct as defined
6. Complaint mechanism to be established within the organization and be made available to each
level of hierarchy in easy and effective manner and ensure the time bound treatment of those
complaints too.
7. Complaint committee must be established and be free from the pressure of top level, also involve
a third party which may be either NGO or other body who is familiar with the issue of the sexual
harassment. Also they must be presented before in form of annual report and person in charge to
report the compliance of the same.
8. Worker’s Initiative is also emphasized where they must be allowed to meet and promote their
issues regarding the same in any of the employer-employee meetings.
9. Awareness must be spread about the said guidelines in an appropriate fashion as it may deem fit
and viable to the organizational and the enforcer.
10. Third party harassment is the act of sexual harassment by any act or omission of the third party in
relation to the organization; it shall be the duty of the employer to take actions for the same.

Also the judgment requested the central and state government to consider adopting suitable measures and
including the legislation to ensure that the guidelines so laid down are observed by employers in private
sector too. Also these guidelines didn’t prejudice the rights available under the protection of human rights
act, 1993 and strict directions for the observation of the same were passed while disposing off the writ.

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND


REDRESSAL) ACT, 2013

This statute superseded the Vishakha Guidelines for prevention of sexual harassment introduced by the
Supreme Court of India in the year 1997. As per the report by International Labor Organization, that very
few Indian employers were compliant to this statute as most employers have not implemented the law
despite the legal requirement that any workplace with more than 10 employees need to implement it.
According to a FICCI-EY November 2015 report, 36% of Indian companies and 25% among MNCs are
not compliant with the Sexual Harassment Act, 2013.

CRIMINAL LAW (AMENDMENT) ACT, 2013

Addition of Section 354 to the Indian Penal Code that stipulates what consists of a sexual harassment
offence and what the penalties shall be for a man committing such an offence can also be said to be major
step as regards to prevention of women sexual harassment at work place. With imposition of Penalties
ranging from one to three years with imprisonment and/or a fine or both is a definite deters to commit
such offenses. Also, additionally, with sexual harassment being a crime, employers are obligated to
report offences similarly the way laid down under the act.

CONCLUSION:

Despite various laws in regards to protection of women from the sexual offenses and the guidelines for
the implantation of the same, it cannot be ruled out that the women are in a state of complete seclusion
from the sexual offenses but yes, it can very well be affirmed that from these particular steps a yardstick
has been setup in the Indian legal framework that is striving since the constitutional times what our
founding father wanted the country and place of women in the nation thereof.

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