Prevention of Sexual Harassment at Workplace Committee

Laws and Procedures: Sexual Harassment in the Workplace
Vishaka Guidelines against Sexual Harassment in the Workplace

Guidelines and norms laid down by the Hon’ble Supreme Court in
Vishaka and Others Vs. State of Rajasthan and Others (JT 1997 (7) SC 384)

HAVING REGARD to the definition of „human rights‟ in Section 2 (d) of the Protection of
Human Rights Act, 1993,
TAKING NOTE of the fact that the present civil and penal laws in India do not adequately
provide for specific protection of women from sexual harassment in workplaces and that
enactment of such legislation will take considerable time,
It is necessary and expedient for employers in workplaces as well as other
responsible persons or institutions to observe certain guidelines to ensure the prevention of
sexual harassment of women.
1. Duty of the Employer or other responsible persons in workplaces and other
institutions
It shall be the duty of the employer or other responsible persons in workplaces or
other institutions to prevent or deter the commission of acts of sexual harassment and to
provide the procedures for the resolution, settlement or prosecution of acts, of sexual
harassment by taking all steps required.
2. Definition
For this purpose, sexual harassment includes such unwelcome sexually determined
behavior (whether directly or by implication) as:
a) Physical contact and advances;
b) A demand or request for sexual favors;
c) Sexually colored remarks;
d) Showing pornography;
e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
Where any of these acts are committed in circumstances to where-under the victim of
such conduct has a reasonable apprehension that in relation to the victim‟s employment or
work whether she is drawing the salary, or honorarium or voluntary, whether in government,
public or private enterprise such conduct can be humiliating and may constitute a health and
safety problem. It is discriminatory for instance when the woman has reasonable grounds to
believe that her objection would disadvantage her in connection with her employment or
work including recruiting or promotion or when it creates a hostile work environment.
Adverse consequences might be visited if the victim does not consent to the conduct in
question or raises any objection thereto.
3. Preventive Steps
All employers or persons in charge of work place whether in public or private sector
should take appropriate steps to prevent sexual harassment. Without prejudice to the
generality of this obligation they should take the following steps:

(a) Express prohibition of sexual harassment as defined above at the workplace
should be notified, published and circulated in appropriate ways.
(b) The Rules/Regulations of Government and Public Sector bodies relating to
conduct and discipline should include rules/regulations prohibiting sexual
harassment and provide for appropriate penalties in such rules against the
offender.
(c) As regards private employers, steps should be taken to include the aforesaid
prohibitions in the standing orders under the Industrial Employment (Standing
Orders) Act, 1946.
(d) Appropriate work conditions should be provided in respect of work, leisure,
health and hygiene to further ensure that there is no hostile environment
towards women at workplaces and no employee woman should have
reasonable grounds to believe that she is disadvantaged in connection with her
employment.
4. Criminal Proceedings
Where such conduct amounts to a specific offense under the Indian Penal Code or
under any other law, the employer shall initiate appropriate action in accordance with law by
making a complaint with the appropriate authority.
In particular, it should ensure that victims or witnesses are not victimized or
discriminated against while dealing with complaints of sexual harassment. The victims of
sexual harassment should have the option to seek transfer of the perpetrator or their own
transfer.
5. Disciplinary Action
Where such conduct amounts to misconduct in employment as defined by the relevant
service rules, appropriate disciplinary action should be initiated by the employer in
accordance with those rules.
6. Complaint Mechanism
Whether or not such conduct constitutes an offense under law or a breach of the
service rules, an appropriate complaint mechanism should be created in the employer‟s
organization for redress of the complaint made by the victim. Such a complaint mechanism
should ensure time-bound treatment of complaints.
7. Complaints Committee
The complaint mechanism, referred to in (6) above, should be adequate to provide,
where necessary, a Complaints Committee, a special counselor or other support services,
including the maintenance of confidentiality.
The Complaints Committee should be headed by a woman and not less than half of its
member should be women. Further, to prevent the possibility of any undue pressure or
influence from senior levels, such Complaints Committee should involve a third party, either
NGO or other bodies who is familiar with the issue of sexual harassment.
The Complaints Committee must make an annual report to the Government
the department concerned of the complaints and action were taken by them.