Vishaka
and others v/s State of Rajasthan
-Puneet
Kaur, 2nd Year, Amity University Punjab
Abstract
Malala Yousafzai gave voice to many
unheard women, and in the late 1990s, there was a lady who spoke out against
sexual harassment in the workplace. The Sexual Harassment of Women in the
Workplace, 2013 Act[1]
is the proper legislation to be used in cases of harassment or to protect and
offer a safe atmosphere for working women. But have you ever considered the
scenario from 1992, which was almost 15 years ago to 2013? This instance of
discrimination against women is illustrated in the case of Vishaka v. the State
of Rajasthan.
Prior to 1997, there were no official
regulations in India regarding how an employer should respond to a report of
sexual harassment at work. Section 354 of the Indian Penal Code[2],
which deals with "criminal assault of women to outrage women's
modesty," and Section 509[3],
which punishes a person or persons for using a "word, gesture, or act
intended to insult the modesty of a woman," must be used by women who
experience sexual harassment at work to file a complaint. These provisions gave
the police officer choice over how to interpret "outraging women's modesty."
Keywords
Sexual Harassment, Rape, Women,
Workplace, Supreme Court, India
Facts
To provide a better comprehension, it is
essential to present the case's facts in depth at the start. First, the alleged
horrific gang rape of a woman in a hamlet in the Indian state of Rajasthan
served as the immediate impetus for this campaign for gender justice. A social
worker named Bhanwari Devi was gang-raped in exchange for her selfless efforts
to stop child marriage. Unfortunately, this criminal case was droppeddue to
inadequate evidence supporting the offence. However, this event attracted
support from a number of NGOs and social activists, reinforcing the need for
particular laws regarding workplace sexual harassment of women in light of
gender equality.
A number of women's organisations, led
by Naina Kapur and her organisation, Sakshi, filed a Public Interest Litigation
(PIL) against the state of Rajasthan and the central government of India in
order to protect the fundamental rights of working women under Articles 14, 19,
and 21 of the Indian Constitution. Bhanwari Devi, a social worker from
Rajasthan, brought the claim after she was gang-raped for opposing child
marriage.
According to the court,
"international treaties and standards are relevant for the purpose of interpreting
the guarantee of gender equality, right to work with human dignity in Articles
14, 15, 19(1)(g), and 21 of the Constitution, as well as the implicit
safeguards against sexual harassment.[4]"
Issues
1. Whether
sexual harassment at work violates Articles 14, 15, and 21 of the
Constitution's Fundamental Rights?
2. If
there is no suitable domestic legislation, may an international convention be
applied?
3. Is
it necessary to establish laws that must be followed in light of workplace
sexual harassment?
Judgment
In a historic decision issued in 1997,
the Supreme Court established rules for how institutions should handle
allegations of sexual harassment. In the 1997 case of Vishaka and others v.
State of Rajasthan[5],
the Supreme Court of India issued "Vishaka Guidelines" on workplace
sexual harassment. The court ordered that these rules be followed up until the
problem is addressed via legislation.
"International Conventions and
standards are significant for the purpose of interpreting the guarantee of
gender equality and the right to a decent workplace in Articles 14, 15 of the
Constitution, 19(1)(g), and 21 and the safeguards against sexual harassment
included therein," the court determined.
The court also characterised sexual
harassment as including any unwanted physical, verbal, or nonverbal activity of
a sexual nature, including overtures and requests for sexual favours, sexually
charged statements, pornographic displays, and other forms of unwanted
physical, verbal, or nonverbal conduct. The court acknowledged that when any of
these acts are committed in circumstances where the victim of such conduct has
a reasonable belief that such conduct is related to her employment or
work—whether she is drawing a salary, an honorarium, or is volunteering—whether
in government, the public sector, or a private enterprise, such behaviour can
be humiliating and may constitute a health and safety issue.According to the
court, it is discriminatory when a woman has good cause to think that reporting
sexual harassment would put her at a disadvantage when applying for jobs or
getting promoted, or when it fosters a hostile work environment. Therefore,
physical contact is not a need for sexual harassment. Sexual harassment refers
to any behaviour that fosters a hostile work environment, including making
inappropriate jokes, verbally harassing others, spreading lewd rumours, etc.
Unwelcome physical, verbal, or nonverbal sexual activity at work may not be the
result of a single act but rather of a pattern of behaviour that includes
several similar actions.
Noting that the psychological stigma of
reporting a co-worker’s behaviour in some circumstances may need a great level
of bravery on the side of the victim, who may report such acts after a lengthy
period of time. The recommendations do not state that a report can only be
filed within a short time after the incident happened, but rather that the
compliance process should assure time-bound consideration of complaints. The
police frequently decline to file FIRs in incidents of sexual harassment,
especially when the offence happened in the past.
Analysis
The Supreme Court emphasised the
definition of sexual harassment in the case of Vishakha and others v. the state
of Rajasthan[6],
which states that any unwanted or uninvited physical contact, behaviour, or
showing of pornography, as well as any clearly sexual comments or texts, fall
under the definition. Any such behaviour, in my opinion, clearly violates the
dignity of women's lives as well as their right to life. Additionally, it harms
women's physical and emotional well-being. In the workplace, sexual harassment
must be prevented and gender equality must be created.
According to rules established by the
Supreme Court, the individual in control of a certain institution, organisation,
or office, whether it be private or public, will be accountable for taking
appropriate action to stop sexual harassment. The accused parties who engaged
in sexual harassment will face punishment. It has become an extremely important
issue to address in order to stop the sexual harassment of women at work.
Private businesses must abide by severe regulations outlining the consequences
of sexual harassment. The person in charge of that institution is required to
take stern action for the commission of a such crime in the event that sexual
harassment is committed by outsiders.
Conclusion
In India, sexual harassment of women at
work occurs rather frequently. If rigorous action is not done against this
crime, it will immediately affect the number of women working in India and, on
the other side, it would negatively affect the country's economy. Because women
also make up the working population in our nation, the government should enact
tough regulations against sexual harassment in the workplace. To ensure that
women are treated with respect and dignity, it should be banned. Institutions
and organisations must apply a variety of innovative techniques and abilities
to shield their female employees from such societal evils.The primary goal of
maintaining this right is to advance gender equality at work without any kind
of discrimination or discernment among an organization's employees.
[1]
[2]India Code: Section Details. (n.d.).
India Code: Section Details. Retrieved September 21, 2022, from
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688&orderno=394
[3]India Code: Section Details. (n.d.).
India Code: Section Details. Retrieved September 21, 2022, from
https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00037_186045_1523266765688§ionId=46297§ionno=509&orderno=573#:~:text=Whoever%2C%20intending%20to%20insult%20the,shall%20be%20punished%20with%20simple
[4]Sexual harassment at workplace - Indian Express. (n.d.). Sexual Harassment at Workplace - Indian Express. Retrieved
September 21, 2022, from
http://archive.indianexpress.com/news/sexualharassmentatworkplace/571636
[5]
[6]
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