Vishaka & Ors. vs. State of Rajasthan & Ors (By-Sonia Balhara)
Vishaka
& Ors. vs.
State of Rajasthan &
Ors
Authored By-Sonia Balhara
Introduction
Vishaka & Ors. v. Rajasthan and Ors deal with the
vicious crime of sexually harassing women at workplace. This is a turning point
in the history of sexual harassment, and the Supreme Court ruled. Sexual
harassment is defined as one-sided sexual harassment or gesture in which one
gender is directed to the other. Sexual harassment violates the fundamental
rights set out in Article 14 of the Constitution of India and the fundamental
rights to life and decent life that violate Article 21 of the Constitution of
India. Vishaka & Ors. v Rajasthan and Ors is having ground breaking
decisions of the Supreme Court of India dealing with the issue of sexual
harassment of women in the workplace. The Supreme Court has issued well-known
Vishaka guidelines that require both the private and public sectors to establish
a mechanism for handling sexual harassment complaints.
Background
Prior to 1997, India had no formal guidelines on how
employers should deal with sexual harassment cases at work. Women who have
experienced sexual harassment at work file complaints under Article 354 of the
Indian Criminal Code, which deals with "criminal assault on women who
violate women's etiquette," and Article 509, which appropriately punishes
one or more individuals. I needed to. Use "words, gestures, or actions
aimed at hurting a woman's humility." The interpretation of
"outrageous female humility" in these sections was left to the
discretion of police officers. In the 1990s, Gurjar landowners raped Bhanwari
devi, a Rajasthan civilian who engaged in a women's development program and
tried to prevent children from getting married. The feudal patriarchs, angry
with their "engineers," decided to teach her lessons and repeatedly
raped her. The Rajasthan High Court has not ruled in favor of rape victims, and
the rape perpetrators have been released. As a result, some women's and
non-governmental organizations (NGOs) have petitioned the Supreme Court through
the collective platform Vishaka. The Supreme Court of India acknowledged and
cautioned that "the lack of national law occupying the field to formulate
effective measures to combat the evils of sexual harassment of professional
women in all workplaces."
Facts Of The Case
In 1985, Bhanwari Devi, a woman in Bateli, Rajasthan,
began working for the Rajasthan Government's Women's Development Project (WDP).
According to her work, Bhanwari adopted a theme based on the government's
anti-marriage movement for children in 1992. The villagers were unaware of the
situation and encouraged their children to marry, even though they knew it was
illegal. Meanwhile, Ram Karan Gurjar's family decided to have such a marriage
for his little daughter. Bhanwari tried to convince her family not to complete
the marriage, but their efforts were in vain. The marriage was approved by the
family. On May 5, 1992, the Deputy Chief and DSP married and stopped it.
However, the wedding took place the next day and no police action was taken.
The villagers later realized that the police visit was the result of Bhanwari
Devi's actions. As a result, Bhanwari Devi and her family were boycotted and
she lost her job. For accurate revenge, on September 22, 1992, four five men
from the Gurjar family attacked and raped Bhanwari Devi's
husband, along with another accomplice. Police tried everything to avoid
prosecution against the accused, delaying the investigation. Even after
receiving so much criticism, Bhanwari Devi was able to file her complaint with
her unwavering determination to seek her justice. Her consultation was
postponed for 52 hours. However, the examiner did not mention the rape
committee in the report, but instead mentioned the age of the victim. Despite
lack of sufficient evidence, with the support of the local MLA Dhanraj Meena,
all defendants were acquitted by the court. However, the acquittal has caused
anger from many activists and organizations that support Bhanwari. These
organizations united to seek justice and led to the filing of a Public Interest
Proceedings (PIL). The PIL was submitted by a women's rights organization
called "Vishaka". It focuses on the exercise of women's basic rights
at the workplace under Articles 14, 15, 19 and 21 of the Indian Constitution
and needs to protect sexual harassment in the workplace.
Issues Raised
1.
Is sexual harassment at work an infringement of basic rights under
Articles 14, 15, and 21 of the Constitution?
2.
Can international treaties be applied if there is no appropriate
domestic law?
3. Do you need a binding
policy on sexual harassment in the workplace?
Judgment
The verdict of the Vishaka proceeding
was submitted by Judge Sujata Manohar and Judge J.S Verma on behalf of Judge
B.N Kripal in response to a written petition filed by the victim of the
proceeding, Vishaka. The courts should provide a safe and secure working
environment for workers under all occupations, trades or occupations under
Articles 14, 19 (1) (g) and 21 of the Indian Constitution. It violated the
right to life and a decent right to life. The basic requirement was that the
workplace had to have a safe working environment.
The Supreme Court ruled that women have
a fundamental right to liberation from sexual harassment in the workplace. It
also proposes a variety of important guidelines for employees to comply with
and avoid sexual harassment of women in the workplace. The court also proposed
to have the appropriate skills to carry out cases involving sexual harassment
in the workplace. The main purpose of the Supreme Court was to ensure gender
equality among people and prevent women from being discriminated against in the
workplace.
After this case, the Supreme Court correctly defined the
term "sexual harassment." Therefore, physical contact or behavior,
pornographic display, unpleasant provocation or illegal activity, or sexual
desire or preference for women is sexual harassment.
Vishaka Guidelines
1.
Employers should take precautions such as B. Explicit prohibition of harassment and provision of healthy working
conditions in terms of hygiene, comfort and
health.
2.
If you
violate the administrative rules of the workplace, you must take appropriate disciplinary action.
3.
If the reported
violations are within the scope of Indian Criminal
Code 1860, the employer must report them to the authorities.
4.
To deal
with harassment, the
organization must have a relief committee. This should be done regardless of whether the demonstration
constitutes a crime under
the Indian Criminal Code of 1860 or any other law. Such organizations should have at least half of their members female, their leaders also female, and counseling centers. In addition, an annual report
on the progress of the Commission must
be submitted to
the Government.
5.
The company needs to take appropriate steps to raise awareness of the issue.
6.
Sexual harassment is defined as unwanted behavior (whether direct or indirect) of sexual nature such
as:
a.
Physical contact and progression.
b.
Requests or requests for sexual favor.
c.
Remarks of sexual nature;
d.
Display pornography. And
e.
Other unwanted
physical, linguistic, or
nonverbal sexual activity.
7.
These guidelines do not jeopardize the
rights guaranteed by the Human Rights Act of 1993.
8.
Government and
public authority rules /
regulations regarding behavior and disciplinary action must include rules / regulations prohibiting sexual harassment, and such rules must provide
appropriate penalties to
perpetrators. I have. Private employers must take steps to incorporate the above prohibitions into the Industrial
Employment (Permanent Order) Act
of 1946.
9.
Addressing the issue of sexual harassment requires dialogue between
employers and employees. Employers need to take the necessary steps to raise
awareness of the issue.
Critical Analysis
First of all, the contribution of the
Hon'ble Supreme Court is worth mentioning. Seriously, the case addresses one of
the most sensitive and pressing problems women face, and in fact shed light on
the same. In addition, awareness of regulatory loopholes and the need for the
judiciary to clarify the necessary solutions to social illness reinforce the
essence of democracy. Undoubtedly, the court's decision to incorporate an
international treaty in the absence of appropriate domestic law is perfectly
perfect. Comparing the situation back then and now, sexual harassment remains a
major threat to women. Such incidents in a woman's life have the power to
adversely affect all areas of her life.
Eight years after the enforcement of
women's sexual harassment under the Workplace Law, in 2013, several cases of
sexual harassment continued to be reported, many of which were not.
The Act does not meet the high
expectations of a bill pending for more than 16 years. Many sections are
self-destructive and disabled, overlooking certain important features. No steps
were provided for basic mechanisms such as providing legal opinion, clinical
counseling facilities, health insurance related to violence, and employer
compensation. Laws that are considered very victim-friendly bring complications
to victims in all situations. Laws need to reflect cultural development,
especially in areas such as sexual assault and exploitation.
In many situations, the inability to relate legal growth
to social development reveals much about the level of misunderstanding
surrounding highly degrading acts such as sexual harassment. Legislators need
to thoroughly review the law and correct any flaws in the law. In a seriously
affected society like India, decisive and earnest efforts from the legislature
are needed to address and eliminate this issue. Socially, women's empowerment
has come a long way since independence, but there are still some areas that
need to be achieved. This large gap can be attributed to the gender
stereotypical thinking of society. The ultimate solution is to truly change the
way society thinks to achieve gender equality. Only then can we proudly display
the feathers of women's empowerment.
Conclusion
In the Vishaka ruling, the Honorable Supreme Court of
India upheld the constitutional principles of equality and freedom. The
decision of the Supreme Court of India only provides guidelines to deal with
sexual harassment. The Sexual Harassment of Women in the Workplace (Prevention,
Prohibition, and Remedy Act) Act 2013 (“Sexual Harassment Act”), effective
April 23, 2013, is the first law India to prevent sexual harassment of female
employees in the workplace. . It should be noted that although such
comprehensive laws have been enacted to protect women in India, India remains
the most dangerous country for women. So even if the law does not exist, it is
everyone's responsibility to ensure the safety and dignity of women.
References
· Vishaka Guidelines against Sexual
Harassment at Workplace,http://www.nitc.ac.in/app/webroot/img/upload/546896605.pdf
· The Protection of Human Rights Act,
1993, https://nhrc.nic.in/acts-&-rules/protection-human-rights-act-1993
· The Sexual Harassment Of Women At
Workplace (Prevention, Prohibition And Redressal) Act, 2013, Https://Legislative.Gov.In/Sites/Default/Files/A2013-14.Pdf