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The vishaka guidelines are a set of guidelines that were instituted by the supreme court of india to ensure the safety of woman at workplaces and lay down the guidelines for dealing with the cases that related to sexual harassment at the workplace.According to guidelines, the employers of the organisations are responsible to take preventive actions to stop sexual harassment at workplaces and to file a complaint if such Act is found.We provide sexual harassment training aims to provide employees with the critical tools and knowledge needed to ensure they understand how to properly conduct themselves at work
(1) Physical Contact
(2) A request for sexual favours
(3) Sexually remarks
(4) Showing Pornography
(5) Employees should be allowed to raise issues of sexual harassment at worker's meeting
(6) Awareness generation of the rights of female employees.
(1) Sexual harassment should be affirmatively discussed at workers' meetings, employer-employee meetings, etc.
(2) Guidelines should be prominently displayed to create awareness about the rights of female employees.
(3) The employer should assist persons affected in cases of sexual harassment by outsiders
(4) Central and state governments must adopt measures, including legislation, toensure that private employers also observe the guidelines.
Background - Bhanwari Devi was employed as a village level social worker under the Women’s Development Project run by Rajasthan Government since 1985.As part of her duties, she tried to stop a child marriage in the family of one Ramakant Gujjar.Despite there being a visit by the district police authorities, the marriage was solemnized.In September 1992, Ramakant Gujjar along with 5 men, gangraped her in front of her husband.Initially police dissuaded from filing an official complaint but later on Bhanwari Devi was able to lodge a complaint.The trial court aquitted the accused.But Bhanwari Devi was determined to get justice.So she filed a writ petition along with other social workers under the name ‘Vishakha’
Judgement - The Court held that incidents like sexual harassment result in a violation of fundamental rights of Gender Equality and the Right of Life and Liberty.One of the logical consequences of such an incident is the violation of victim’s fundamental right under Article 19(1)(g) to practice any profession or to carry out any occupation, trade or business.This fundamental right depends upon the availability of a safe working environment.It is the primary responsibility of the Legislature and executive to ensure safety and dignity through legislation and its enforcement.
