The Evolution of Workplace Sexual Harassment Law

“A woman is like a tea bag you never know how strong she is until she gets in hot water.”

Eleanor Roosevelt

Despite being self-sufficient and occupying high-ranking jobs, women continue to endure harassment, inequality, and injustice in the modern day. Such working circumstances for women exist in workplaces, where women become victims of their bosses, despite their right to work with dignity, which is a generally recognised basic human right.

The great poet Maya Angelou once remarked, “Every time a woman stands up for herself, she stands up for all women.” And this was one of the decisions that altered the trajectory of women’s lives in India. Workplace harassment refers to insulting or threatening behaviour aimed towards a single employee or a group of employees. The Vishaka case of sexual harassment at workplace is a landmark decision by the Supreme Court of India on the protection of women from sexual harassment at work. It is a historic case because it is the first time that such a high degree of necessity for legislation against sexual harassment and the establishment of rules for sexual harassment of working women has been publicly acknowledged. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 succeeded them in 2013.

The decision in this case was won to bring justice to one woman and to provide hope to numerous other women who are experiencing conditions that impair their dignity and fundamental right to equality. And, while India celebrates the #MeToo movement, here’s a look at the legislation.

FACTS

Bhanwari Devi worked as a social worker in a programme launched by the Rajasthan state government to combat the scourge of child marriage. During the protest against child marriage in Ramakant Gujjar’s household, Bhanwari Devi did everything she could to prevent the marriage. Despite significant opposition, the marriage was completed successfully. To exact vengeance on her, Ramakant Gujjar and his 5 men gang raped her in front of her husband in 1992. The police department first tried to dissuade them from pursuing the case for various reasons, but she was adamant and filed a complaint against the accused. They were, however, exposed to extreme treatment by female police attendants, even to the point where her lehenga was demanded from her and she was left with nothing but her husband’s blood-stained dhoti in order to get proof. To complicate things further, their plea to spend the night at the police station was denied.

The accused was acquitted by the trial court, but she did not give up hope, and witnessing her tenacity, all female social workers rallied to her side. They all filed a Public Interest Litigation (PIL) before the Supreme Court of India under Articles 14, 19, and 21 of the Indian Constitution, citing the current atmosphere in which violations of fundamental rights are frequent. The Supreme Court was asked to draught rules for combating sexual harassment in the workplace.

GUIDELINES ESTABLISHED IN THIS CASE

After acknowledging the necessity for legislation, the Supreme Court issued recommendations that were consistent with international conventions and law.

The Vishaka Guidelines served as the foundation for the current law addressing workplace sexual harassment. It included a number of key clauses. Essentially, it provided twelve rules to be followed in various sectors and fields of law, even when a new legislation is to be drafted, and then provided an interpretation that any transgression will result in conviction. The rules were established in accordance with Section 2(d) of the Protection of Human Rights Act of 1993.

CRITICAL ANALYSIS

There was a need for a severe legislation prior to the creation of the Act. Are the essential steps being performed in spite of the Act and the strict rules? Few companies and organisations have established internal complaints committees, but how many schools, universities, or hospitals have done so in areas where such offences are common?

When a complaint is made against a member of a company’s senior management and the IC member is unwilling to conduct a fair investigation or afraid to hold the responsible party accountable, it presents practical difficulties in dealing with the issue.

It raises questions about the impartiality and objectivity of IC members in numerous situations.

Accountability is not adequately addressed in the Act. It does not, for example, state who is responsible for ensuring that workplaces comply with the Act or who may be held liable if its requirements are not implemented.

As a result, the instruments of democracy must carry out and effectively administer the laws. Complete implementation of these laws and suitable mechanisms will result in a significant shift in society as well as address the problem.

CONCLUSION

The rules and norms established by the Hon’ble Supreme Court in the Vishaka Judgment are unquestionably the foundation of the Act. With the passage of time, it became clear that guidelines and norms were insufficient to cope with workplace sexual harassment events, and that a robust piece of law was required, and the Act was passed in 2013. The women harassment act took a step further by addressing a number of concerns that had previously gone ignored. Even women have come forward and begun to confront their pain, as in the case of the #Metoo moment, which resulted in the perpetrators being removed from their jobs, which is, of course, a sign of progress for women in India.