What was the law on sexual harassment in the workplace prior tothe Vishaka Case?

; What was the need for the Vishaka Guidelines? There were many articles defined before the vishaka case. Some of them are given below

Article 32: Remedies for enforcement of right Art. 14: Right to equality Art. 15: Right to non-discrimination Art. 16: Right to equal opportunities in employment
Art. 21: Right to life Art. 19(1)(g): Right to practice any profession or to carry out any occupation, trade or business Art. 51 A(a):It is the duty of every citizen to abide by the Constitution and respects its ideals and Institutions Art. 253: Legislation for giving effect to international agreements What is the law laid down in the Vishaka Case? What are the Vishaka Guidelines for the prevention of sexual harassment in the workplace?

The Supreme Court defined sexual harassment as any unwelcome gesture, behavior, words or advances that are sexual in nature. The court had, for the first time, drawn upon an international human rights law instrument, the Convention on the Elimination of All forms of Discrimination against Women (CEDAW), to pass a set of guidelines known as Vishakha guidelines . Here are some Vishakha guidelines laid down by the Supreme Court:
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It is the onus of the employer to include a rule in the company code of conduct for preventing sexual harassment. Organizations must establish complaint committees that are headed by women. Initiate disciplinary actions against offenders and safeguard the interests of the victim. Female employees shall be made aware of their rights

What will companies have to do in order to give effect to the Vishaka Guidelines?
Duty of Employer/ other responsible persons in work places/other institutions: Duty to prevent/deter Commission Acts of Sexual Harassment

Identify the acts that constitute sexual harassment Prohibit acts of sexual harassment Workplace/precincts- place of her residence Penalize commission of acts of sexual harassment Duty to provide procedure For resolution/ settlement or prosecution of acts of sexual harassment by taking all steps required Appropriate work conditions to be provided in respect of work, leisure, health and hygiene to ensure that: No hostile environment towards women at work places No employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment initiate disciplinary proceedings- Where such conduct amounts to misconduct in employment, appropriate disciplinary action should be initiated by the employer. Complaints Mechanism - The complaint mechanism should provide, where necessary: A Complaints Committee A special counselor or Other support services There must be strict maintenance of confidentiality AwarenessCreate awareness of the rights of female employees to be created at workplace. Notify guidelines in suitable manner

Post-Vishakha Judgment Scenario

Six years later, India still does not have any proper legislation to prevent sexual harassment, indicating a necessity for creating Indian laws for women against sexual harassment. Besides, there are hardly any government or non-government establishments that have implemented these guidelines or set up a committee to fight sexual harassment. However, the guidelines did have some positive impact, with many social groups publicizing and working towards their proper implementation and demanding appropriate Indian laws for women against sexual harassment. This has also led many victims to come out in the open and demanding actions against

offenders. A noticeable number of cases are brought into the public knowledge with active participation of the media. Following the infamous case of sexual harassment of an M.S.University student by her professor, several social activists wrote to the Supreme Court that the Vishakha guidelines were not being implemented at work places. This resulted in the Supreme Court issuing notices to the State and the Central Government to furnish the extent of implementation of the guidelines. The Court also issued orders to associations, such as the Bar Council of India, University Grants Commission and Chartered Accountants Association, asking them about the steps taken to implement the guidelines. In 1998, a code of conduct was developed by the National Commission for Women (NCW), which expanded the scope and definition of sexual harassment given under the guidelines. In 2001, the NCW designed a draft bill in consultation with women s rights activists and other experts. This bill, in turn, was amended by the Ministry of Human Resource Development and the Department of Women and Child Development, and later again in 2004. Although attempts have been made to enhance the bill s scope to create effective Indian laws for women against sexual harassment, organizations like the All India Democratic Women s Alliance believe that it should be limited to the employer-employee frame to retain its effectiveness