The Vishaka Guidelines
The Vishaka guidelines were a set of guidelines that were intended to protect
women at the workplace. These were instituted by the Supreme Court of
India in the year 1997. These are procedural in nature and state the method
that is to be followed while dealing with cases related to the sexual
harassment of women.
Features of the Vishaka guidelines
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.
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.
The Vishaka Guidelines Of 1997
The Court framed the guidelines in the instant case “Vishaka Vs
State of Rajasthan” as:
1. The employers should take all reasonable steps to prevent
happening of sexual harassment at workplaces. It is the
responsibility of the employer to prescribe a mechanism to
redress the sexual harassment, if any, takes place in the
organization.
2. The Vishaka Guidelines defined the term “Sexual Harassment”
as a disagreeable sexually determined behaviour direct or indirect
in the form of physical contact and advances, a demand or
request for sexual favours, sexually coloured remarks, showing
pornography, any other unwelcome physical, verbal or non-verbal
conduct of sexual nature.
3. The preventive measures for the employers to be taken as
prescribed by the Court in this instant case were in the following
nature:
The employer must take effective steps of preventing
sexual harassment at workplaces. This has to be done
by putting up notifications, circulars, penalties for the
offender as fixed by the government, adequate
working conditions of health, hygiene and rest of the
women workers.
The employers are bound to take action of complaining
in the appropriate authority against the offender by
bringing him into the book for the offences committed
falling under Section 354 & 354A of IPC, 1860.
If any employee does an act contrary to the rules for
prevention, the employer is bound to take disciplinary
action against him.
Every employer is bound is set up a redressal
mechanism to deal with the issues preventing sexual
harassment at workplaces. It is immaterial as to
whether the evil act falls within the purview of IPC or
not.
A redressal committee must be set up with its head
being a woman. It must have half of the members as
women members. It is mandatory to send an annual
report to the government in relation to the conduction
of its affairs within the organization.
The employers are also directed to spread awareness
to prevent the occurrence of sexual harassment at
workplaces.
