Vishaka Judgement - Sexual Harassment India Policy

Hi,

Please share if someone has a copy of the Vishaka Judgment, which is the basis of the Sexual Harassment Policy of India.

Also, I would like to know how you define 'Workplace.' If a team has gone for an outing and an incident occurs, will the employer be liable in such cases?

Regards,
Rajni

Rajni,

You are right. The Vishaka Judgment is the basis for guidelines on prevention and redressal of sexual harassment at the workplace in India.

In addition to the traditional definition of the workplace, which would mean the business premise, occasions such as team outings, travel, and accommodation on work-related matters, constitute what is called 'the extended workplace'. Hence, the employer would be responsible for investigating incidents of sexual harassment that occur in such places if both parties involved are employees of his company.

Dear Rajani,

In my office, we do have a Vishakha Committee, which ensures the protection of all working women. The Vishakha Committee, dedicated to the protection of working women, is guided by Articles 14, 15, 16, 19, and 21, which guarantee fundamental rights for the protection of working women.

In line with the aforementioned provisions, the Honorable Supreme Court has issued guidelines to ensure the protection of working women against sexual harassment. It is mandatory for employers to constitute a committee to safeguard working women against sexual harassment.

Regards,
Mitali

Dear Rajani,

Please visit the link below for the Vishaka case:

http://www.mondaq.com/india/x/238076/Discrimination+Disability+Sexual+Harassment/Indias+New+Labour+Law+Prevention+Of+Sexual+Harassm ent+At+The+Workplace

Regards,

Priyatham KL

Has sexual harassment dropped or stopped? Or how much more time will it take to do so?

There is consistent upward reporting of the phenomena which are intended to arrest after every feminist law. Here are some:

1. 1304BIPC (dowry death)
2. 498IPC (dowry harassment)
3. 376IPC (Rape)
4. Sexual harassment in the workplace
5. DV Act, 2005
6. PITA, 1986

What else?

Link to the full text of the judgment: Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997