è VISHAKHA COMMITTEE:
v
ORIGIN OF
VISHAKHA COMMITTEE:
Sexual
harassment at the workplace violates women’s fundamental rights to equality,
life, and liberty. The landmark Vishakha case (1997) led to the establishment
of the Vishakha Guidelines by the Supreme Court, aiming to prevent workplace
harassment.
v
BACKGROUND
OF VISHAKHA CASE:
1.
The Vishakha case is named after an NGO called Vishakha, which works for
women's rights in Rajasthan.
2.
Bhanwari Devi, a community worker, promoted women's empowerment and awareness
about anti-dowry and child marriage campaigns.
3.
In 1992, she was gang-raped by influential members of her rural village in
Rajasthan after stopping a child marriage in the Gujjar family.
4.
Initially, due to lack of evidence, the accused were acquitted by the local
court.
5.
Bhanwari Devi and others filed a writ petition with the Supreme Court of India
under the Vishakha platform.
6.
The Supreme Court issued the Vishakha guidelines on August 13, 1997, to address
workplace sexual harassment.
v
IMPORTANT
POINTS IN THE VISHAKHA GUIDELINES
The
Vishakha case, decided by the Indian Supreme Court, established guidelines
under 3 headings to address workplace sexual harassment under Article 32 of the
Constitution
§
Duty of the
employer or other responsible persons in workplace - Employers
and responsible individuals must prevent and address sexual harassment in
workplaces by establishing clear procedures for resolution and prosecution.
§ Definition of sexual harassment - Sexual
harassment includes unwelcome sexually determined behavior, such as physical
advances, requests for sexual favors, sexually colored remarks, or any other
unwelcome verbal or nonverbal conduct.
§ Preventive steps –
› Employers should notify, publish, and
circulate information about sexual harassment.
› Rules and regulations must explicitly prohibit
sexual harassment and outline penalties.
› Private employers should include these
prohibitions in their Standing Orders under the Industrial Employment Act,
1946.
› If the conduct amounts to a specific offense
under the Indian Penal Code or any other law, employers should initiate
appropriate legal action.
› Misconduct related to sexual harassment should
lead to disciplinary action as per relevant service rules.
› Employers must create a complaint mechanism
within their organizations for victims to seek redress.
› The committee handling complaints should be
adequately constituted, maintain confidentiality, and involve a third party
(such as an NGO) to prevent undue influence.
› Central and state governments should adopt
suitable measures, including legislation, to enforce these guidelines in the
private sector.
v
THE
OBJECTIVES OF VISHAKHA COMMITTEE:
Organizations,
both public and private, have established Vishakha Committees to promote gender
equality. In big establishments/ organisations having numerous branches in
each unit, Vishakha cell has been constituted. The objectives of
these Vishakha committees are as follows –
›
to safeguard the
rights of female staff / employees / students.
›
to maintain a
healthy and safe environment for girls, female staff and employees.
›
to prevent any
sexual invectives and abuses towards girls, female staff and employees.
›
to provide a
platform for listening to complaints regarding sexual harassment.
›
to obtain
evidence and take appropriate action against guilty.
›
to prevent any
kind of sexual harassment by using secret monitoring service like fixing
surveillance cameras.
›
to create a
setting of gender justice in the workplace where men and women work together to
the sense of personal security and dignity.
›
to improve, the
self- worth and confidence in the female staff and employees.
›
to keep a
vigilant eye on the entire campus / workplace.
v
RESPONSIBILITIES
OF VISHAKHA COMMITTEE
1.
The Committee assesses whether the complaint alleges sexual harassment based on
the policy's definition.
2.
It investigates the truth behind the allegations in the complaint.
3.
The Committee addresses any retaliation or victimization against the
complainant or those assisting her.
4.
Recommendations for penalties or actions against guilty parties (including
termination) are made to management.
5.
Psychological, emotional, and physical support, counselling, and security
assistance are recommended for victims.
6.
The Committee monitors follow-up actions by management upon receiving its
report.
0 Comments