Everyone who has studied law must have heard about Bhanwari Devi’s case which prompted the Supreme Court to issue Vishaka Guidelines. The Apex Court is not per se lawmaking institution. However, where there is a gap in existing laws, the Courts take up the opportunity to fill those gaps until a specific legislation settles everything. That’s what happened in this case of Bhanwari Devi wherein the Supreme Court considered the issue of women safety at workplace and issued certain guidelines by using its duly justified extraordinary powers. Let us explore exactly what was laid through the Supreme Court guidelines in the Vishaka case and whether they are still in force.
What are Vishaka Guidelines?
In Vishaka v. State of Rajasthan (1997), the Supreme Court came up with some guidelines to be implemented at workplaces to prevent sexual harassment of working women. The writ petition (Public Interest Litigation) was a class action after the brutal gang rape of a social worker in a Rajasthan village. The woman was allegedly targeted after she attempted to stop a child marriage.
While there was no law in India to protect women at work against sexual harassment, the Supreme Court exercised its powers under Article 32 of Constitution. The Court even hinted at India’s obligations towards the General Recommendations of Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The Court issued Vishaka Guidelines in this judgment to address the issue until suitable legislation was enacted. Now, the same have been replaced by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
Vishaka Guidelines Summary
In the absence of any civil or penal laws to adequately protect women from sexual harassment at workplaces, the Supreme Court of India did the honours in this direction. Let’s have a look at the guidelines and norms prescribed by the Apex Court.
- Entrusted employers and others at workplace to prevent or deter commission of acts of sexual harassment;
- Employers to come up with procedures for resolving, settling and prosecuting such acts by taking requisite steps;
- The Apex Court defined sexual harassment. It further discussed the adverse consequences of such conduct;
- The Court through Vishaka Guidelines outlayed the preventive steps to be taken by employers or persons in charge of workplace;
- The steps include notification, rules to include prohibition and penalties for sexual harassment, standing orders, work conditions, etc.
- Employer entrusted to initiate criminal action as and when necessary as per applicable laws;
- Extended option for victims to seek transfer of their own or of the perpetrator;
- Directions for disciplinary action when the act amounts to misconduct in employment as per rules;
- Directions for employer to create complaint mechanism to redress complaints;
- Set up of Complaints Committee, Special Counsellor or Support Service who may deal with complaints while maintaining confidentiality;
- Complaints Committee to be headed by a woman, with half of the members being women, involving a third party (NGO or other body familiar to sexual harassment issues);
- Complaints Committees in turn are required to make annual reports on complaints and actions. Employers also required to report on compliance to the Government;
- Scope for employees to raise issues of sexual harassment at workers’ meetings, apt forums, and to be discussed in Employer-Employee meetings;
- Guidelines to raise awareness regarding rights of female employees;
- Steps to be taken by the employer or person in charge in case of third party sexual harassment.
Conclusion
As we can see through Vishaka Guidelines in the Bhanwari Devi case, the Supreme Court went the extra mile. The Apex Court issued guidelines and norms regarding sexual harassment of women at workplace. The Court even discussed at length India’s obligations towards International conventions, to be implemented in domestic laws. Thus, through Vishaka Guidelines, the Court clearly sought legislative support on the subject. However, they did not await the same and brought in express guidelines, to stay in force until a suitable legislation was enacted to address the gaps. Now that POSH Act, 2013 is in place, Vishaka guidelines are still remembered for prompt action by the Apex Court at the right time for the right cause.
