Why in the news?

• The Supreme Court asked the government to respond on a petition questioning the lack of implementation of the various provisions of the Sexual Harassment of Women at Workplace Act of 2013.

More about the news

• A Bench led by Chief Justice of India Dipak Misra issued notice to the Centre and State governments. They have to reply within the next four weeks.
• The Supreme Court verdict authored in 1997 by then Chief Justice J.S. Verma was inspired by international conventions and the spirit of gender equality enshrined in the Constitution to declare that “gender equality includes protection from sexual harassment and right to work with dignity, which is a universally recognised basic human right.”
• After six years, a statutory law in 2013 had replaced the guidelines laid down by the Supreme Court in the historic Vishaka case judgment, which stemmed from the brutal gang rape of a social worker in a village of Rajasthan.
• Some NGOs have brought to light the sheer lack of initiative on the part of government authorities to monitor the implementation and enforce the law
• The petition, represented by advocates Sanjay Parikh and Anitha Shenoy, pointed out that the government at the State level has not even bothered to appoint district officers or local committees under the 2013 Act.
• There are no appointments of nodal officers or internal complaints committees in certain offices. There has been no move to ensure the reporting and collection of annual compliance reports from workplaces. Hence, the law meant to protect working women has hit a roadblock.

What are the vishakha guidelines?

• Supreme Court of India in 1997 laid down formal guidelines for dealing with sexual harassment at the workplace following the gang rape of a social worker, Bhanwari Devi from Bhateri in Rajasthan.
• The petition, filed by the women’s right group Vishaka and four other women's organisations in Rajasthan against the State of Rajasthan and the Union of India, resulted in what are popularly known as the Vishaka Guidelines.

Some key points of Vishakha judgements

• Vishakha judgement defines sexual harrassment as :
• Anything at work that can place the working woman at disadvantage compared to other male employees in her official career just because she is a woman – can be termed as sexual harassmen
• Unwelcome sexually determined behaviour & demands from males employees at workplace, such as: any physical contacts and advances, sexually colored remarks, showing pornography, passing lewd comments or gestures, sexual demands by any means, any rumors/talk at workplace with sexually colored remarks about a working woman, or spreading rumours about a woman’s sexual relationship with anybody.
• Gender equality includes protection from sexual harassment and the right to work with dignity as per our constitution.
• Extra hazard for a working woman compared her male colleague is clear violation of the fundamental rights of Gender Equality & Right to Life and Liberty as Safe working environment is fundamental right of a working woman.
• In no way should working women be discriminated at the workplace against male employees. (If a woman is, then it must be documented in company policies, for example limitation of women in police and armed forces.)
• Working with full dignity is the fundamental right of working women.The right to work as an inalienable right of all working women.
• The guidelines also lay down a grievance redressal mechanism that mandates all companies, whether operating in the public or private sector, to set up Complaints Committee within the organisation to look into such offences.
• The Vishakha judgment had recommended a Complaints Committee at all workplaces, headed by a woman employee, with not less than half of its members being women. All complaints of sexual harassment by any woman employee would be directed to this committee. This is significant because an immediate supervisor may also be the perpetrator. The committee advises the victim on further course of action and recommends to the management the course of action against the man accused of harassment.

Source

The hindu,indianews and business standard.