Supreme Court Issues Landmark Guidelines to Prevent Sexual Harassment of Women at Workplace

In the absence of specific legislation, the Vishaka Judgment mandates employers to ensure safe and dignified working conditions for women, treating the guidelines as binding law under Article 141 of the Constitution.

In a historic judgment dated August 13, 1997, the Supreme Court of India in Vishaka v. State of Rajasthan, recognized the urgent need to protect working women from sexual harassment at the workplace, and laid down comprehensive guidelines to fill the legislative vacuum on this critical issue. The judgment is a milestone in Indian jurisprudence as it explicitly linked sexual harassment with violation of fundamental rights under Articles 14, 15, 19(1)(g), and 21 of the Constitution, thereby treating the guidelines as law until formal legislation is enacted.

The case arose from a distressing incident involving the alleged brutal gang rape of a social worker in Rajasthan, which highlighted the dangers faced by working women and the inadequacy of existing laws to provide effective protection against sexual harassment. The Supreme Court took cognizance of this social evil as a violation of women's fundamental rights to equality, dignity, life, and the right to work in a safe environment.

In the absence of specific legislative provisions, the Court exercised its constitutional mandate under Article 32 to enforce fundamental rights and declared the following guidelines as binding law under Article 141:

1. Definition of Sexual Harassment:

The Court defined sexual harassment broadly to include unwelcome sexually determined behavior such as physical contact and advances, demand or request for sexual favors, sexually colored remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

2. Employer’s Duty:

Employers and responsible persons in workplaces, whether public or private, are duty-bound to prevent or deter sexual harassment and provide mechanisms for resolution, settlement, or prosecution of such acts.

3. Preventive Measures:

Employers must notify and circulate express prohibitions against sexual harassment, include relevant rules in conduct and discipline regulations, provide appropriate work conditions to prevent hostile environments, and ensure no employee is disadvantaged for objecting to sexual harassment.

4. Criminal and Disciplinary Action:

Where acts of sexual harassment amount to offenses under the Indian Penal Code or other laws, employers must initiate appropriate legal action. Additionally, disciplinary actions should follow as per service rules when misconduct is established.

5. Complaint Mechanism and Committee:

Employers must create an effective complaint mechanism ensuring time-bound handling of complaints. A Complaints Committee, headed by a woman and with at least half of its members as women, should be constituted. This committee should also include third-party members such as NGOs familiar with sexual harassment issues to prevent undue influence.

6. Protection of Victims and Witnesses:

The Court emphasized that victims or witnesses should not face victimization or discrimination during complaint proceedings. Victims should have the option to seek transfer of the perpetrator or their own transfer if necessary.

7. Awareness and Workers’ Initiative:

Employers must create awareness about sexual harassment rights prominently and allow employees to raise such issues in workers’ meetings and employer-employee forums.

8. Third Party Harassment:

Employers must take reasonable steps to support victims if sexual harassment results from acts or omissions by third parties or outsiders.

The Court also highlighted international conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Beijing Declaration, underscoring India’s commitments to protect women’s rights in the workplace.

The judgment called upon Central and State Governments to adopt suitable legislative measures to enforce these guidelines across sectors, including the private domain.

This verdict has served as the foundation for subsequent legislation and policies on sexual harassment, marking a transformative step in ensuring safe and dignified workplaces for women across India.

Statutory provisions: Articles 14, 15, 19(1)(g), 21, 32, 141 of the Constitution of India; Section 2(d) of the Protection of Human Rights Act, 1993; Indian Penal Code; Industrial Employment (Standing Orders) Act, 1946.

This news report summarizes the Supreme Court’s Vishaka judgment, highlighting the key guidelines and their constitutional basis for protecting women from sexual harassment at the workplace.

Vishaka v. State of Rajasthan, (SC) : Law Finder Doc Id # 39739