Case Name: Vishakha vs. State of Rajasthan
Background of the Case:
The Vishakha vs. State of Rajasthan case is a key landmark case in India that addresses the subject of sexual harassment of women in the workplace.The case occurred as a result of a horrific instance of sexual harassment at a workplace in Rajasthan, India.
Key Issue Raised:
The key concern presented in this case was the lack of explicit legislation addressing sexual harassment of women in the workplace, as well as appropriate methods to prevent and resolve such harassment. The case attempted to set criteria for preventing and dealing with sexual harassment in the workplace, as well as to recognize sexual harassment as a violation of basic fundamental right’s of women.
Arguments from Both Sides:
Petitioner’s Argument:
The petitioners, sponsored by the Vishaka Women’s Initiative, contended that the lack of explicit legislation and regulations addressing sexual harassment in the workplace exposed women to a hazardous work environment. They argued that sexual harassment violated the Indian Constitution’s fundamental rights to equality (Article 14), dignity (Article 15), and gender equality (Article 15). The petitioners wanted comprehensive standards to combat and prevent sexual harassment in the workplace.
Union of India’s Argument:
The Union of India acknowledged the seriousness of the issue but argued that there was no specific law in place at that time to address sexual harassment at workplaces. The government contended that existing laws and regulations provided some protection to women against harassment. However, they did not dispute the need for clear guidelines to address this problem.
Judgment:
The Supreme Court of India, in a historic decision issued on August 13, 1997, decided in favor of the petitioners in a panel chaired by Justice J.S. Verma. The court acknowledged that the lack of explicit legislation addressing sexual harassment of women at work infringed women’s fundamental rights, namely their right to equality, dignity, and a safe working environment.
The court published the "Vishakha Guidelines” which specified preventive, remedial and punitive procedures to address and prevent sexual harassment in the workplace.
The key guidelines issued in this case include:
Definition of Sexual Harassment: The guidelines provide a clear definition of sexual harassment, including unwelcome conduct such as physical contact, passing sexually coloured remarks, making sexual advances, or any other unwelcome behaviour with sexual intent.
Preventive Measures: Employers are required to take proactive measures to prevent sexual harassment. These measures include the establishment of a complaints committee, the development of an internal policy on sexual harassment, and the organization of awareness programs for employees.
Internal Complaints Committee: Employers are directed to set up an Internal Complaints Committee (ICC) to address complaints of sexual harassment. The ICC should consist of at least one female employee, an external member knowledgeable about the issue, and should have a majority of female members.
Complaint Mechanism: The guidelines specify a clear mechanism for filing complaints, including maintaining the confidentiality of complainants, providing support during the inquiry process, and ensuring that the complainant is not subjected to victimisation.
Time-Bound Inquiry: The guidelines stress the importance of conducting an inquiry into complaints of sexual harassment within a time-bound manner. The ICC should complete the inquiry and provide a report with recommendations.
Penalties: The guidelines suggest that appropriate actions, including penalties, should be taken against the accused if the complaint is substantiated. These actions may include warning, reprimand, suspension, or termination, as deemed necessary.
Duty to Provide Assistance: Employers have a duty to provide support and assistance to the complainant during the inquiry process, such as granting leave to the complainant, ensuring her safety, and offering counselling services.
Protection Against Retaliation: The guidelines prohibit any retaliation or adverse action against the complainant for filing a complaint. Any such retaliation is considered a violation.
Awareness Programs: Employers should organise regular awareness programs to educate employees about their rights and the company’s policy on sexual harassment.
Monitoring and Reporting: The guidelines direct employers to maintain records of complaints, actions taken, and their annual reports on the status of complaints to be submitted to appropriate authorities.
These guidelines became the foundation for legal reforms and paved the way for the eventual enactment of the “Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.”
Significance:
The Vishakha vs. State of Rajasthan case is significant because it was a watershed event in recognising and resolving sexual harassment in the workplace in India. The decision demonstrated that the lack of explicit legislation did not justify denying working women protection from sexual harassment. The Vishaka Guidelines served as the foundation for a comprehensive legislative framework, which culminated in the Sexual Harassment Act of 2013.
This case highlights the importance of preserving women’s fundamental rights at work and has contributed to safer and more gender-inclusive workplaces in India. It will always be seen as a watershed moment in the struggle for gender equality and the elimination of sexual harassment in the workplace.
