Vishaka Guidelines
against
Sexual Harassment at Workplace
Guidelines and norms laid down by the Hon'ble Supreme Court in Vishaka
and Others Vs. State of Rajasthan and Others (JT 1997 (7) SC 384)
HAVING REGARD to the definition of 'human rights' in Section 2 (d) of
the Protection of Human Rights Act, 1993,
TAKING NOTE of the fact that the present civil and penal laws in India do
not adequately provide for specific protection of women from sexual
harassment in work places and that enactment of such legislation will
take considerable time,
It is necessary and expedient for employers in work places as well as
other responsible persons or institutions to observe certain guidelines to
ensure the prevention of sexual harassment of women.
Duty of the Employer or other responsible persons in work places and
other institutions
It shall be the duty of the employer or other responsible persons in work
places or other institutions to prevent or deter the commission of acts of
sexual harassment and to provide the procedures for the resolution,
settlement or prosecution of acts, of sexual harassment by taking all
steps required.
Definition
For this purpose, sexual harassment includes such unwelcome sexually
determined behaviour (whether directly or by implication) as:
a) Physical contact and advances;
b) A demand or request for sexual favours;
c) Sexually coloured remarks;
d) Showing pornography;
e) Any other unwelcome physical, verbal or non-verbal conduct of
sexual nature
Where any of these acts is committed in circumstances where-under the
victim of such conduct has a reasonable apprehension that in relation to the
victim's employment or work whether she is drawing salary, or honorarium
or voluntary, whether in government, public or private enterprise such
conduct can be humiliating and may constitute a health and safety problem. It
is discriminatory for instance when the woman has reasonable grounds to
believe that her objection would disadvantage her in connection with her
employment or work including recruiting or promotion or when it creates a
hostile work environment. Adverse consequences might be visited if the
victim does not consent to the conduct in question or raises any objection
thereto.
Preventive Steps
All employers or persons in charge of work place whether in public or private
sector should take appropriate steps to prevent sexual harassment. Without
prejudice to the generality of this obligation they should take the following
steps:
A. Express prohibition of sexual harassment as defined above at the
work place should be notified, published and circulated in
appropriate ways.
B. The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate
penalties in such rules against the offender.
C. As regards private employers, steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
D. Appropriate work conditions should be provided in respect of
work, leisure, health and hygiene to further ensure that there is no
hostile environment towards women at work places and no
employee woman should have reasonable grounds to believe that
she is disadvantaged in connection with her employment.
Criminal Proceedings
Where such conduct amounts to a specific offence under the Indian Penal
Code or under any other law, the employer shall initiate appropriate
action in accordance with law by making a complaint with the
appropriate authority.
In particular, it should ensure that victims or witnesses are not
victimized or discriminated against while dealing with complaints of
sexual harassment. The victims of sexual harassment should have the
option to seek transfer of the perpetrator or their own transfer.
Disciplinary Action
Where such conduct amounts to misconduct in employment as defined by
the relevant service rules, appropriate disciplinary action should be
initiated by the employer in accordance with those rules.
Complaint Mechanism
Whether or not such conduct constitutes an offence under law or a
breach of the service rules, an appropriate complaint mechanism should
be created in the employer's organisation for redress of the complaint
made by the victim. Such complaint mechanism should ensure time
bound treatment of complaints.
Complaints Committee
The complaint mechanism, referred to above, should be adequate to provide,
where necessary, a Complaints Committee, a special counsellor or other
support service, including the maintenance of confidentiality.
The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
The Complaints Committee must make an annual report to the Government
department concerned of the complaints and action taken by them.
The employers and person in charge will also report on the compliance with
the aforesaid guidelines including on the reports of the Complaints Committee
to the Government department.
Worker’s Initiative
Employees should be allowed to raise issues of sexual harassment at a
workers' meeting and in other appropriate forum and it should be
affirmatively discussed in Employer-Employee Meetings.
Awareness
Awareness of the rights of female employees in this regard should be
created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable
manner.
Third Party Harassment
Where sexual harassment occurs as a result of an act or omission by any
third party or outsider, the employer and person in charge will take all
steps necessary and reasonable to assist the affected person in terms of
support and preventive action.
The Central/State Governments are requested to consider adopting
suitable measures including legislation to ensure that the guidelines
laid down by this order are also observed by the employers in Private
Sector.
These guidelines will not prejudice any rights available under the
Protection of Human Rights Act, 1993.
