Vishaka v. State of Rajasthan (1997) 6 SCC 241
- In the context of sexual harassment of women at workplace, judicial activism reached its pinnacle in Vishaka v. State of Rajasthan (Vishaka).
The Supreme Court set out the following significant guidelines:
- The employer and/or other responsible people in a workplace are duty-bound to prevent or deter sexual harassment and set up processes to resolve, settle, or prosecute in such cases.
- For the first time in India, ‘sexual harassment’ was defined authoritatively.
- All employers or persons in charge of workplaces must strive to prevent sexual harassment and, if any act amounts to a specific offence under the Indian Penal Code, 1860 or any other law, they must take appropriate action to punish the guilty. Even if the act is not considered a legal offence or a breach of service rules, the employer should create appropriate mechanisms so that the complaint is addressed and redressed in a time-bound manner.
The definition includes ‘such unwelcome sexually determined behaviour (whether directly or by implication) such as: physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal or non-verbal conduct of sexual nature’.
- This complaint mechanism must, if necessary, provide a complaints committee, a special counsellor or other support service, such as assuring confidentiality. The complaints committee should be headed by a woman, and at least half its members must be women.
- The employer must sensitize female employees to their rights and prominently notify the court’s guidelines.
- Even if a third party is responsible for sexual harassment, the employer must take all steps necessary to support the victim.
- The central and state governments should adopt suitable measures to ensure that private sector employers implement the guidelines.
