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The Journey From Vishakha Case to Prevention of Sexual Harassment Act

Vishaka Case is the landmark case of the sexual harassment at the workplace. The Supreme Court of India has given the important guidelines through this case. And this case became the landmark case, not because of the following reasons:

1. a) The fundamental rights of women were infringed to work without fear and prejudice.
2. b) Immense torture was given to the working woman
3. c) A woman showed a lot of courage to take a stand for her and fight against the male ego of our society.

But, the case became the landmark because it was the first time the legislation and judiciary recognized that there is a high level of need for making laws for the sexual harassment of working woman at the workplace. After the Independence also, till the date when this case came, there was no law to safeguard the sexual harassment of working woman at the workplace.

Even, currently, no proper law is made for the women. The Women Harassment Bill, 2010 is still under the process of working out. We have only some important guidelines from Supreme Court of India.

Below is the short summary of guidelines which were laid down in the Vishaka’s Case:

1. As per our Indian Constitution, Gender Equality also means protection from sexual harassment and freedom of Right to Work with pride and dignity.
2. Extra hazard for a working woman by comparing with her male colleague is the violation of our Indian Constitution as it is violating the Fundament Right of Gender Equality & Right to life and Liberty.
3. Working in the Safe Environment is the Fundament Right of every Working Woman.
4. Working Women shall not be discriminated against any male employees. (And if the woman is discriminated, then it should be documented in company policies like the limitation of women in police and armed forces).
5. The right to protection of health and safety is the fundamental right of every woman. Even in terms of pregnancy, maternity, and nursing etc.

The following can be considered as Sexual Harassment:

1. a) At work, if the woman is placed at the disadvantage compared to the other male members of the office just because she is a woman can be considered as Sexual Harassment.
2. b) The unwelcome behavior and demands of the males employees like:

• Intentional Physical Contact which is uncomfortable
• Witty remarks, gestures or passing lewd comments
• Showing pornography
• Demanding sexual satisfaction by any means

1. c) Spreading the rumor with sexually colored remarks even if it is related to the sexual relationship of her with anybody.

By seeing this case, many women should realize that they can take a stand for themselves. If anything wrong is happening to them then they should immediately contact the NGO’s and other woman Helpline Numbers. It is suggested that a separate department shall be there in every office for the woman where they can drop complains freely.