Sexual harassment at Workplace: Vishaka guidelines, All you need to know

The sudden spurt of sexual harassment cases against women led to the Supreme Court passing a path breaking judgment in the infamous Bhanwari Devi gangrape which led to the setting up of Vishaka guidelines.

The Vishaka guidelines define as sexual harassment any unwelcome sexually determined behaviour. (Getty images)

A top executive of a leading IT firm based out the National Capital Region allegedly committed suicide at his home in Noida on Tuesday after being suspended from his job over sexual harassment allegations. Swaroop Raj, Assistant Vice President at Genpact India Pvt Limited was temporarily suspended from work after being accused of sexually harassing two of his fellow female colleagues. According to police, allegations against the man were being investigated by an internal complaints committee, and he had been suspended for the duration. The Noida Police recovered a suicide note left by the deceased in which he claimed that the allegations against him were not true and he loved his wife Kriti. Swaroop Raj's suicide once again props up the burning issue of sexual harassment at work places, which many working women in the corporate sector fall prey to. The country was recently engulfed in a raging debate when some imminent personalities from all walks of life were accused of sexually harassing fellow colleagues. The much hyped 'Me Too' campaign which hogged the limelight in the media space brought some dark and hidden secrets of sexual harassment cases to light which otherwise could have never been unraveled. The sudden spurt of sexual harassment cases against women led to the Supreme Court passing a path breaking judgment in the infamous Bhanwari Devi gangrape which led to the setting up of Vishaka guidelines.

What are Vishaka guidelines and what do they say?

The Supreme Court laid down the guidelines in 1997 while passing a judgment in a public interest litigation filed by Vishaka and other women’s rights groups over the infamous Bhanwari Devi gangrape case. Bhanwari Devi, a social worker from Rajasthan had in 1992 prevented the marriage of a one-year-old girl, inviting wrath of the villagers. The gangrape was allegedly an act of revenge. Hearing the PIL, the apex court took cognizance of the fact that the civil and penal laws of the time did not adequately provide for specific protection of women from sexual harassment at workplaces, and made it legally binding for employers to observe some guidelines to ensure prevention of sexual harassment of women. Based on the guidelines that clearly defined sexual harassment at workplaces, the institutions were imposed with three key obligations - Prohibition, prevention, redress. The Supreme Court said every organisation must set up an internal complaints committee or ICC to look into matters of sexual harassment of women at the workplace.

What defines sexual harassment at workplace?

The Vishaka guidelines define as sexual harassment any unwelcome sexually determined behaviour (whether directly or by implication). These are: 1. Physical contact and advances 2. A demand or request for sexual favours 3. Sexually coloured remarks 4. Showing pornography 5. Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Who is an ‘aggrieved woman’ as per the Act?

According to the Handbook on Sexual Harassment of Women at Workplace, the Act recognizes the right of every woman to a safe and secure workplace environment “irrespective of her age or employment/work status”. Any woman coming to any workplace “whether in the capacity of regular, temporary, adhoc, or daily wages basis” is protected under the Act. 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 Complaints Committee The Vishakha judgment had recommended a Complaints Committee at all workplaces, headed by a woman employee, with not less than half of its members being women. All complaints of sexual harassment by any woman employee would be directed to this committee. This is significant because an immediate supervisor may also be the perpetrator. The committee advises the victim on further course of action and recommends to the management the course of action against the man accused of harassment. From guidelines to act The Sexual Harassment at workplace Bill was passed by the Lok Sabha on 2 September 2012.It is now The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It defines sexual harassment as laid down by the Supreme Court in the Vishakha and others v State of Rajasthan (1997) case. With the 2013 law broadening these guidelines, the Ministry of Women & Child Development has published a Handbook on Sexual Harassment of Women at Workplace Act. Laws and Procedures: Sexual Harassment in the Workplace