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Vishaka guide lines -- What are they
How prevention of sexual Harassment act took Shape ?
Rajasthan government launched a campaign against child marriage,which is widely prevelent in rajasthan at the time. Child marriage was even more prevelent during Akshaya Tritiya festival. normally Akshaya Tritiya festival is associated with wealth accumulation. Since Akshaya Tritiya is also considered auspicious it was the time of the year when most child marriages used to take place in rajasthan.
One such marriage was fixed by One Ram karan gurjar for his one year daughter on May 4 1992.( One Year Infant. )
Bhanwari devi made attempts to stop the infants marriage earlier. However Due to the presence of the DSP on that particular night, the marriage of the 1 year old infant could not take place. The marriage however took place at 2AM on the next day ( 5-may-1992) with the support of the community.
Though Bhanwari devi was not directly responsible for stopping the marriage on May 4, the villagers attributed police presence to the effort of bhanwari devi. As a result villagers started social and economic boycott of her and her family. Bhanwari lost her job and her husband was beaten.
Bhanwari was subsequently allegedly gang raped , ill treated by police, even by members of her own community and was denied justice all along till it reached the supreme court of india. Bhanwari devi case was collectively called as Vishaka case. The guidelines issued by supreme court on prevention of sexual harassment of women at workplace is called vishaka guidelines.
What exactly are the Vishaka Gudielines?
It is a known fact that POSH Act took a full shape by adhering to the Guidelines formulated by the Honourable Justice of Supreme Court in the case of Vishaka and others vs State of Rajasthan. Whilst the background and the potential reason for this act are widely discussed, let’s take a step back to look through carefully on what those guidelines exactly are.
Duty of the Employer or other responsible persons
Sexual harassment in the workplace is a menace which must be addressed in the right way not just by the higher authority, but also by fellow colleagues and other responsible persons. More than a normal book rule, taking eminent steps to prevent and implement appropriate regulations inside the workplace is defined as a primary duty to ensure a safe environment for women.
Definition as mentioned in the Guidelines
Sexual harassment is clearly defined as unwanted or unwelcomed sexual behaviour expressed by any member of the environment towards their female colleague. According to the framed guidelines, these behaviours are further categorized as below.
Physical contact and advances
A demand or request for sexual favours
Sexually coloured remarks
Showing pornography
Any other unwelcome physical, verbal or non- verbal conduct of sexual nature.
Whether the victim is involved within a government or private sector, or doing paid or voluntary work, these prescribed guidelines are subjected to provide a safer workplace irrespective of the organisation and the nature of their employment. Any unwanted behaviours which may cause health and safety problem, are supposed to be condemned by the work environment with stringent regulations.
Preventive steps to be taken
It is more than important to take effective measures before any incident take place in the workplace. These guidelines have also recommended some crucial measures which must be enforced in a safer workplace.
A. Express prohibition of sexual harassment as defined at the work place 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 work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.
Complaints filing and Committee
At the wake of any incident inside the workplace, it is also important to file a complaint in accordance with the Indian Penal Code, for which the total responsibility lies with the employer. By filing a proper compliant with the appropriate committee the employer must also ensure that necessary actions are initiated to address. It should also be noted that, the victim who was affected must not be victimized or discriminated on any ground while dealing with the compliant. By these guidelines, the victim has full control and freedom to seek transfer for their own or for the perpetrator of the crime. Apart from filing the complaint, a disciplinary action must also be initiated by the employer.
Irrespective of the nature of the incident, a separate complaint committee must be formed in every workplace, to make sure that the complaints are filed and taken care of. These complaints are supposed to be addressed within a time limit so as to eradicate the delay in any manner.
The committee must be formed with a counsellor along with the necessary support systems for the victim and other employees, in order to maintain a safe environment. Maintaining the confidentiality between the victim and other employees is one of the vital role which the committee has to play. It is also mandatory for every organisation to form this committee under the leadership of a woman. At least half of this committee’s members must be women. With hierarchies and pressure from senior officials keep surrounding the workplace, it is also necessary to have a third party like a NGO or any other body which is familiar with the issues of sexual harassment, to be involved with this Complaints Committee. Involving a third party will eliminate the pressures from the senior officials from the workplace, which also directly constitutes for the committee to work without any restrictions.
The Compliants Committee must also send a yearly report to the Government department concerned of the complaints and the actions taken by them.
Worker’s Initiative and Awareness
Any issue related to sexual harassment must be raised by all employees during a workers’ meeting and other forum within the organisation. Whereas the actions concerning with the issue must be discussed within the employer and employee alone. It is of a primary importance to inform and educate the female workforce to know their rights which could be exercised within the workplace. This awareness can be created by issuing and circulating the guidelines and also the appropriate legislation concerned to all the female employees.
Third Party Harassment
In case of a harassment caused by an outsider or a third party who is not associated with the organisation, the employer and the person in charge must take the necessary steps to treat the issue with equal importance. Necessary support and guidance must be given as a part of taking appropriate actions.