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The Vishaka Guidelines, established by the Supreme Court of India in 1997, represent a landmark in the protection of women in the workplace. These guidelines were introduced in response to increasing incidents of sexual harassment and the demands from various social groups for better protection for women at work. They outline the procedures to be followed in handling sexual harassment cases, aiming to create a safer and more just work environment for women.
Why Was Vishaka Guidelines Introduced?
The Vishaka Guidelines emerged from a backdrop of escalating sexual harassment cases and public outcry. The turning point was the 1992 case of Bhanwari Devi, a social worker who worked for Rajasthan government’s Women’s Development Programme, was gang raped for saving a 9-month-old girl who was wedded off by her father, Ramkaran Gujjar. As a dire consequences, she was raped in front of her husband by Ramkaran Gujjar and his five friends.
This incident spurred widespread protests and demands from women's rights groups for legal reforms to address and prevent sexual harassment at workplaces.
At the time, the legal system lacked adequate legislation to protect women and enforce fair punishment for offenders. Existing legal provisions were often misused by perpetrators, and there were no specific obligations for employers to support victims. Consequently, many victims faced job loss and further victimization. The Vishaka Guidelines were thus introduced as an interim measure to address these gaps and provide immediate relief and protection for women.
Objectives Of Vishaka guidelines
The Vishaka guidelines were established in India to address sexual harassment in the workplace. The guidelines were prompted by numerous cases of harassment and rallies by women groups after the Bhanwari Devi case. The legal system at the time lacked proper legislation to ensure women's safety and provide fair punishment for rape and sexual harassment. The Vishaka guidelines were later replaced by the Sexual Harassment of Women at the workplace (prevention, prohibition and redressal) Act, 2013, which broadened the definition of aggrieved women and expanded the scope of workplaces.
Features Of Vishaka Guidelines
Definition
The Vishaka Guidelines define sexual harassment as any unwanted sexual behaviour, including physical contact, advances, requests for favours, sexually coloured remarks, and pornography at workplace.
Safe Workspace
They emphasise the obligation of employers to ensure a safe working environment, file complaints, and take appropriate disciplinary action against offenders. Employers are also required to report incidents of sexual harassment as criminal offences under the Indian Penal Code and protect witnesses.
Guidelines For Employers
To handle complaints effectively, organizations are required to establish a Internal Complaints Committee (ICC). Employers are also required to support victims through preventive measures and legal proceedings. ICC is required to be headed by a woman employee and not less than half of its members would be women. They are also encouraged to spread awareness about sexual harassment and women's safety, fostering a culture of respect and awareness.
Guidelines For Government
The guidelines also call for the government to expand the scope of these guidelines to include the private sector, creating a unified legal framework for women's safety and dignity.
Steps To Follow If You Have Experienced Harrassment At Workplace
In 1997, the Supreme Court of India implemented the Vishaka Guidelines to offer a structure for the prevention and resolution of sexual harassment in work environments. If you have faced workplace harassment and wish to adhere to the Vishaka Guidelines, you can attempt the following steps:
1. Submit a complaint by presenting all pertinent details in an organized manner.
2. Employer should act accordingly: The employer must take proper action and adhere to the Civil Rights Act of 1964.
3. Establishment of Internal Complaints Committee (ICC) is mandatory for employers with 10 or more employees to address and investigate complaints. A female employee should be in charge of the ICC and half of its members should be women. The ICC will convene with you to address possible solutions, conduct interviews, and write a report.
4. Information will be reviewed by ICC to form a timeline for event sequencing. Afterwards, they will provide suggestions and recognize you.
Transition To Sexual Harassment Act Of 2013
The Vishaka guidelines, established in 1997 by the Indian Supreme Court, were instrumental in protecting women from sexual harassment in the workplace. However, in 2013, the Sexual Harassment of Women at the Workplace (Prevention, Prohibition, and Redressal) Act replaced the Vishaka guidelines, aiming to address modern-day issues more comprehensively. The Act expanded the definition of "aggrieved woman" and emphasised the responsibility of employers and legal support for victims.
