Vishaka Case - Important SC Judgements - Indian Polity Notes

Vishaka vs State Of Rajasthan is a case that deals with the sexual harassment of women at workplaces. The Supreme Court's ruling in Vishakha vs the State of Rajasthan established detailed the guidelines (popularly called Vishaka Guidelines) or dealing with the threat of sexual harassment at work. The topic “Vishaka ” is Casean important part of the UPSC/IAS Exam Polity and Governance syllabus which is discussed in this article in detail.

Vishaka Case - Background

• The Bhanwari Devi case was the one that paved the way for the Vishaka Case in the field of women's protection.
• Bhanwari Devi was a Dalit government employee who worked to raise awareness about hygiene and education, as well as organize anti-dowry and anti-child marriage campaigns.
• She was unable to prevent child marriage from taking place. She attempted to protest by holding a rally, but she was unable to prevent the marriage from taking place. A gang of individuals attacked Bhanwari Devi and her husband in retaliation for the protests and campaigns organized against them. And she was gang-raped.
• A collection of non-profit organizations dedicated to women's protection filed a case in India's Supreme Court, requesting justice for Bhanwari Devi.
• The defendants were acquitted by the trial court due to a lack of evidence, but Banwari Devi and a sympathizer filed a writ petition with the Supreme Court under the Vishakha collective platform, which resulted in a landmark decision.
• Vishaka and Ors. v State of Rajasthan was a 1997 Indian Supreme Court case in which Naina Kapur and her organization, Sakshi, filed a Public Interest Litigation (PIL) against the state of Rajasthan and the central government of India to enforce working women's fundamental rights under Articles 14, 19, and 21 of the Indian Constitution.
• The Vishakha Principles were a collection of procedural guidelines for use in sexual harassment cases in India.
• The Supreme Court issued them in 1997, but the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, superseded them in 2013.

Significance

• The Supreme Court was supposed to look into India's deep-seated gender imbalance, which presents itself in the form of violence against women (in the form of sexual harassment at workplaces and rape).
• The Court responded to the situation and issued various instructions to prevent sexual harassment in the workplace, which are known as the Vishakha Guidelines.
• According to the guidelines, employers are responsible for taking preventative measures to prevent sexual harassment at work and filing a report if such an act is discovered to have occurred with an employee.
• Sexual harassment causes depravity in victims, according to the Court, and is a flagrant breach of their fundamental rights under Articles 14, 15, 16, 19, and 21.
• The Union of India granted its approval for the recommendations through the Solicitor General, as well as a commitment to develop a women's policy that would ensure that women's rights are respected and that they have a safe environment in which to thrive in diverse sectors.
• The guidelines also demand the central government and the states to pass the appropriate laws to ensure that the private sector is held to the same standards as the public sector.
• This would aid in the development and prosperity of both women and the country as a whole.

Provisions Of Vishaka Guidelines

• The Supreme Court issued detailed rules on the prevention of sexual harassment of women at work as part of the Vishaka decision in 1997.
• It is the responsibility of each employer to establish a safe working environment in which each and every employee can grow and prosper.
• This includes taking necessary steps to protect the interests of female employees and ensuring that no one engages in sexual harassment.
• If an instance of sexual harassment or ill-treatment of a female employee is discovered, the employer must take appropriate disciplinary action.
• The guidelines also provide that if an employer's behaviour against an employee amounts to a criminal offence punishable under the Indian Penal Code, the employer must file a report.
• The employer must take action to protect the witnesses and guarantee that they are not further victimized.
• A rigorous procedure should be in place at workplaces to ensure that complaints are resolved in a timely and effective manner.
• According to the recommendations, all organizations must establish a complaint redressal committee to guarantee that employee concerns are handled appropriately and that appropriate action is done in response to them.
• A third party, such as an NGO, should be involved to avoid any pressure from higher-ups in the employer.
• This will ensure that women who are sexually harassed receive the necessary financial help from their employers in order to initiate a lawsuit and be represented by professional lawyers.
• It is also the employer's responsibility to raise awareness about sexual harassment and women's safety in the workplace. This can be accomplished by informing staff ahead of time, holding workshops, and finding other engaging ways to educate female employees on their rights.
• The Sexual Harassment of Women at Work (Prevention, Prohibition, and Redressal) Act, 2013, later replaced the Vishaka guidelines.

Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

• The Sexual Harassment at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, was passed by Parliament seventeen years after the Vishakha Guidelines were issued.
• Although the Act has a far broader scope than the guidelines, a quick glance reveals that the Vishakha Guidelines' core framework has been adopted.
• The Act defines workplace sexual harassment and establishes a process for resolving complaints. It also protects against false or malicious accusations.
• The most significant component of the Act is the installation of an Internal Complaints Committee (ICC) in businesses with ten or more employees, which is done by an employer's written order.
• A presiding officer, who should be a senior female employee, an external member to guard against undue influence from the employer or other higher-ups, and two additional members will make up this Committee.
• The Internal Complaints Committee's main responsibilities include enforcing the Sexual Harassment Prevention Policy, resolving complaints from the aggrieved, and recommending actions to the employer.
• A Local Complaints Committee (LCC) is a committee that receives sexual harassment complaints at work from businesses who do not have an Internal Complaints Committee because they have fewer than ten employees or when the complaint is against the employer himself.
• If the complainant requests it, the Complaints Committee must provide for mediation before launching an investigation.
• Employers have been subjected to penalties. A fine will be imposed if the terms of the Act are not followed.

Conclusion

Equality and personal liberty are important rights that should be maintained, and inhabitants of our country should not be discriminated against for whatever reason. As a result, it is both legal and moral to provide a safer work environment for women to thrive. The Vishaka guidelines are thus a ground-breaking move in ensuring women's safety. However, the Sexual Harassment of Women at Work (Prevention, Prohibition, and Redress) Act, 2013, has now replaced the Vishaka guidelines. The Vishaka recommendations, on the other hand, are the most important set of rules that are thought to have aided in the drafting of the Act of 2013.

FAQs

MCQs

Question: Consider the following statements about Vishakha guidelines

1. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 was enacted using it as a foundation.
2. The Supreme Court's guidelines are applicable to both commercial and public businesses.

Which of the following statements is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2