About the author:
Rahmuth is an 8th semester B.Com-LL.B student at CSI Institute of Legal Studies, Cheruvarakonam, Parassala.
INTRODUCTION
Mahatma Gandhi once said – “The day a woman can walk freely on the roads at night, is the day when we can say that India has achieved independence”.
Today in India, women make up approximately 50% of the population and are employed in almost every single industry and sector. Women now hold positions and pursue careers in fields that were once thought to be entirely the domain of men where women were never encouraged to venture for opportunities.
Following this constructive shift in society, there were a number of horrible instances where men taking advantage of their position of power, sexually harassed and assaulted many women. Women in such situations were treated like inferior objects to project their desire onto and were forced to endured physical and psychological abuse at work along with discrimination against them due to their gender, all of which was in direct violation of the fundamental rights guaranteed to women by the Indian Constitution.
In the present times, everyone has access to the necessary legislation i.e. Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act 2013 to file complaints in cases of sexual harassment and to protect and maintain a safe working environment for women. But have you ever considered how a woman from 1992 might have dealt with such a situation, nearly two decades before the Act of 2013?
Vishaka & Ors. v. State of Rajasthan paints a picture of one such instance of discrimination against women. The Vishaka Guidelines for the protection of women from sexual harassment was upheld by the Supreme Court in this case since it was determined that it was imperative to have a specific law in this area.
FACTS OF THE CASE:
Bhanwari Devi was a social worker and an activist in Rajasthan. She was employed by a rural social development programme that the state government had started to end the practice of child marriage in rural areas. While working in a village, Bhanwari Devi came across such a case i.e. the marriage of Ramkaran Gujjar’s (Thakur’s) daughter, a baby who wasn’t even a year old. She was determined to put an end to this practise and did everything in her power to prevent the befalling of such a predicament on the child, due to which she received harsh and widespread criticism and was socially boycotted.
On 22 September of 1992, Bhanwari Devi was brutally raped by Ramkaran Gujjar and five of his friends in front of her husband. She was rushed to the neighbourhood’s primary health care facility but the male doctor refused to examine her, and the doctor in the Jaipur hospital that she was later taken to, just confirmed her age in the patient’s medical report without mentioning that she had been a victim of sexual assault. The police were reluctant to file a complaint and asked her to leave her lehnga as proof of the crime and return to her village.
It is to be noted that she had to endure continuous taunting from the women constables on duty at the police station, when Bhanwari Devi and her husband were forced to spend the entire night there because she was left with nothing except his blood-stained dhoti to wrap around herself.
The Trial court acquitted the accused while the Rajasthan High Court cleared all of these individuals of the Charges of Rape on the grounds that according to the laws in place at the time, “Women couldn’t have been considered to be gang-raped if it was done in the presence of their husbands and also because it was known that a village chief is not permitted to engage in such practices.”
The judgement made by the Rajasthan High Court resulted in the outbreak of a series of rallies and protests. As a part of this, a group of non-profit organizations filed a PIL by the name of Vishaka in the Supreme Court of India seeking justice for Bhanwari Devi and thereby, demanding the rightful punishment for the men who committed this unjustifiable crime against her. They contended that Bhanwari Devi’s fundamental rights had been violated, and that she should be ensured appropriate redressal for this.
They also sought new guide lines addressing and ensuring the protection of women against such crimes, during which many NGOs brought up the point of safety of women against abuse and harassment in their work places.
JUDGEMENT:
The judgement passed by a three judge bench of the court held that each and every such incident results in the violation of the Fundamental Right of Gender Equality and the Right to Life and Liberty. It is a clear violation of the rights under Article 14, 15, and 21 of Indian Constitution.
One of the many prevalent consequences of such a crime is the violation of the victim’s Fundamental Right under Article 19(1)(g)i.e. to practice any profession, or to carry out any occupation, trade or business. Therefore the court brought out the Vishaka guidelines to protect and safeguard women against sexual harassment at their work places.
AIM OF THE GUIDELINE:
The Vishaka Guidelines were established in response to numerous reports of sexual harassment cases, as well as frequent protests and campaigns by different social groups fighting for women’s rights in India.
Numerous women’s organizations protested in the wake of the Bhanwari Devi Case, calling for the government to recognize their citizenship rights and take the necessary steps to stop workplace harassment of women.
At the time, our legal system lacked adequate legislations that could have guaranteed the safety and security of women in the workplace and could have given the perpetrators of heinous crimes such as rape and sexual harassment the just and equitable punishment they deserved.
Men who were accused of sexually harassing women, would frequently take advantage of the lack of legal guidelines in place at the time. Also there was no regulation requiring employers to encourage and aid their employees who had been the victims of sexual harassment. The employers would fire these female victims in an effort to avoid culpability and other repercussions. As a result, the victim would be left in a vulnerable and hopeless situation.
In light of the rise in recorded crimes against women, the need for a new set of regulations that punishes wrongdoers and guarantees the protection of women was crucial, but passing new legislation would take a long time. And thus, the Vishaka Guidelines were created in order to ensure the prevention of sexual harassment of women at work places and to ensure that those who engage in such acts receive due punishment.
FEATURES OF VISHAKA GUIDELINES:
The main aspects of these guidelines are as follows;
1. Definition Sexual Harassment
It defines sexual harassment as an unwanted sexual determination which is directly or impliedly intended to cause the following:
∙ Physical contact or advances.
∙ A demand or request for sexual favours.
∙ Sexually coloured remarks.
∙ Showing pornography.
∙ Any other unwelcome conduct whether it physical, verbal or nonverbal.
2. Provide a safer Working Environment
It is the duty of each employer to provide a safe working environment for each and every employee working in the organization to grow and prosper, regardless of their gender. This involves taking adequate steps towards protecting the interests of female employees and ensuring that no employee indulges in the practice of sexual harassment.
3. Duty of the employer to file a complaint
Obligation of the employer to file a complaint if the conduct towards an employee amounts to a criminal offence which is punishable under the Indian Penal Code(IPC). The employer needs to initiate an action and ensure that the witnesses are not further victimized.
4. Complaint Redressal Committee
It is made mandatory for all organizations to set up a complaint redressal committee in order to ensure that the complaints of the employees are dealt with properly and that suitable actions are taken in response to such complaints.
5. Employer to assist the employee if she is sexually harassed
If the employee is sexually harassed or tortured by a third party like in the case of Bhanwari Devi, an employer is required to assist the employee in every possible manner, both in terms of preventive actions and support to these victims.
6. Duty of Employer to spread awareness
It is also the duty of the employer to spread awareness in his organization with regard to matters pertaining to sexual harassment and the safety of women by informing the workforce of the time, holding workshops, and coming up with other engaging ways to inform the female employees of their rights.
7. Duty of Government to widen the scope of these guidelines
The guidelines also call on the central and state governments to enact the appropriate laws to guarantee that the private sector is also subjected to these rules. This ensure that it would support the development and prosperity of both women and the country as a whole.
Later on, the Vishaka Guidelines were replaced by the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013.
CONCLUSION
India is significantly closer to achieving its development objectives, and more women are working in various different sectors now. In order to protect these women’s human and fundamental rights, it is crucial to acknowledge their right to protection from sexual harassment. This is a step in the right direction towards securing women’s autonomy, equality of opportunity, and the right to a respectable job, to every citizen regardless of their gender. It is necessary to address the systemic problem of workplace sexual harassment. It is crucial to increase awareness amongst employers and employees about the many forms of sexual harassment that can occur at work, as well about the preventative actions and the legal basis for doing so.
It was truly one of India’s most historical court decisions when the judiciary set up safety rules for women at work by bringing forth the Vishaka Guidelines. The court established that nobody is free to commit such a horrific crime and that if they do they will be subject to harsh and due punishment, by breaking down all constitutional barriers and establishing these guidelines after realizing the severity of the situation. The Vishaka Guidelines are the source of the establishment of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
To read more on the topic, visit: bbc.com/news/world-asia-india-39265653
