This was indeed a landmark case in the history of Human Rights when it comes to the working conditions of women. In this case, the Supreme Court witnessed a PIL against the state of Rajasthan and the Union of India filed by Vishaka and a few other women. In this case, a social worker named Bhanwri Devi was brutally gang-raped while she was doing a noble cause by barring child marriage. However, due to insufficient evidence, the case was dismissed.

This case spread like fire among all the women workers, and sexual harassment in the workplace, which is violative of Fundamental Rights under Articles 14, 15, and 21, was questioned.

The court held that clearly there has been a violation of Articles 14, 15, and 19 (1) of the constitution and also violations of all the international conventions that India was a part of. Through this case, Vishaka guidelines were issued, and the judgment also provided some basic definitions like that of ‘sexual harassment at the workplace along with that, guidelines for protection were provided as well.

Vishakha Case Details

The Indian Supreme Court was tasked with investigating the systemic gender inequality in the country that gives rise to violence against women, including rape and sexual harassment in the workplace. The Supreme Court had to determine during its investigation into the matter whether it was prepared to establish comprehensive rules to address the same. The court took action and established the so-called Visakha Guidelines, a set of rules designed to prevent sexual harassment in the workplace.

The Court determined that sexual harassment violates victims’ fundamental rights as guaranteed by Articles 14, 19, and 21 and causes depravity in those who experience it.

The Court ruled that a set of guidelines is required in order to resolve the case in a meaningful way. In addition to agreeing to the guidelines through the Solicitor General, the Union of India committed to creating a women’s policy that would guarantee the protection of women’s rights and provide a secure environment for them to thrive in a variety of fields.

The Court defined sexual harassment as any physical touch or conduct, any unpleasant taunt or misbehaviour, showing of pornography and asking for any kind of sexual favours.

• It was decided that information about sexual harassment at work ought to be gathered, printed, and distributed. Any harassment incident will be handled appropriately, with possible legal action as well as disciplinary measures.
• Workplaces should have a strong system in place for the prompt and efficient handling of complaints.
• It is recommended that a complaints committee be established, with a female chairperson and a majority female membership.
• It is best to involve a third party, such as an NGO, to avoid any pressure from superiors at work.
• Furthermore, tangible actions need to be done to educate employees about sexual harassment in the workplace, including what it is and how to report it to the proper parties.

Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Seventeen years after the Vishakha Guidelines were pronounced, the Parliament woke up from its deep slumber and passed the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

• The Act is much wider in application than the guidelines but a cursory look tells us that the basic framework has been borrowed from the Vishakha Guidelines.
• The “aggrieved women” covers a wide range of women irrespective of age and employment status while “workplace” includes corporate and private places as well as both the organised and unorganised sector.
• Specific time limits have been provided for inquiry and redressal of complaints. Penalties including fines up to Rs 50,000 have been prescribed for non-compliance with the provisions of the Act.
• The most important feature of the Act is the establishment of the Internal Complaints Committee (ICC) in establishments with 10 or more employees by an order given in writing by the employer.
• This Committee shall constitute a presiding officer who should be a senior female employee, an external member to guard against undue influence from the employer or any other higher-ups, and two other members.
• A Local Complaints Committee (LCC) is a committee to receive complaints of sexual harassment at the workplace from establishments that do not have an Internal Complaints Committee because they have less than 10 workers, or when the complaint is against the employer himself.
  • This Committee is important for women who work in the unorganized sector or for domestic workers.
  • The LCC is mandated under Section 6 of the Act.
  • The committees have the same powers as that of a civil court under the Civil Procedure Code. However, strict procedural laws shall not be followed during the complaint redressal.
• The Committees may take steps towards conciliation (informal settlement between parties) at the request of the woman.
• Otherwise, it shall initiate an enquiry into such allegations. If a prima facie case of sexual harassment exists, the Committee shall submit its finding to the police station.
• On the completion of the report, it shall be submitted to the employer or the district officer.

Conclusion

The merits and demerits of judicial activism are always debated in legal circles; there are pros and cons to it but the Vishakha judgment enforces the good side of the activism of judges. Before the pronouncement of Vishakha, India was lacking a law on sexual harassment even after five decades of independence and numerous instances of gender discrimination and sexual violence against women. Despite being ignored for a very long time prior to that, the ruling highlighted the evil of sexual harassment. Sexual harassment against women violates their inherent right to dignity and can lead to a lifetime of suffering from a single act of harassment. Without a doubt, the 2013 legislation and the Vishakha Guidelines are positive steps in the right direction, but eliminating the culture of sexual harassment in the workplace will take time and will require, among other things, dispelling the stigma attached to those who are victimized by such egregious behavior.