Introduction (2)
Introduction (2)
Legal Issues
1. Whether sexual harassment at the workplace violates fundamental rights
under the Constitution of India?
Vishaka Guidelines
The Supreme Court laid down binding guidelines for all workplaces, public and
private, to prevent and address sexual harassment:
Definition of Sexual Harassment – Includes unwelcome sexual advances, physical
contact, sexually colored remarks, and any behavior that creates a hostile work
environment.
Employer’s Responsibility – Workplaces must take steps to prevent and address
sexual harassment.
Complaint Mechanism – Every organization must have an Internal Complaints
Committee (ICC) headed by a senior female employee.
Awareness & Sensitization – Employers must conduct awareness programs and
educate employees on the issue.
Confidentiality & Protection – The identity of complainants must be protected, and
victims should not face retaliation.
Impact & Significance
This case was a landmark judgment, as it introduced workplace sexual harassment
laws in India before Parliament enacted any legislation.
The Vishaka Guidelines remained in force until the Sexual Harassment of Women
at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 was passed.
It set a precedent for courts to use international conventions when domestic laws
are insufficient.
Conclusion
The Vishaka v. State of Rajasthan (1997) case was a watershed moment in the
history of Indian jurisprudence on gender justice and workplace rights. It not only
recognized sexual harassment as a violation of fundamental rights but also
highlighted the State’s responsibility to ensure a safe working environment for
women. By issuing the Vishaka Guidelines, the Supreme Court filled a crucial
legislative vacuum and set the foundation for the legal framework that would later
be formalized in the Sexual Harassment of Women at Workplace (Prevention,
Prohibition, and Redressal) Act, 2013.
Furthermore, the Vishaka judgment reshaped corporate policies by mandating
Internal Complaints Committees (ICCs), awareness programs, and employer
accountability, fostering a more gender-sensitive workplace culture across the
country.