Constitutional law -I

red0;VISHAKHA VS STATE OF RAJASTHAN (A Study‭) CONSTITUTIONAL LAW-I Mr.‭ ‬Zain Saleh ‭ Submitted by: GARIMA SINGH ROLL NO.‭ ‬2014038 SEMESTER III ACKNOWEDGEMENT This project is a bona-fide record of all the data collected pertaining to the topic.‭ ‬I hereby acknowledge the help and support of our vice chancellor,‭ ‬our subject teacher,‭ ‬and all the staff of the library for their timely help and suggestions. I also thank my friends for their sincere support,‭ ‬last but not the least,‭ ‬I thank my parents for all that they had given to me and God almighty for keeping me in good condition to finish this project on time and best of my capabilities.‭ ABSTRACT Vishaka v.‭ ‬State of Rajasthan case based on Sexual Harassment,‭ ‬Sexual Harassment means Sexual harassment in the workplace is usually associated with a heterosexual employee making unwelcome sexual advances to another heterosexual employee of the opposite gender.‭ ‬There are also cases where a homosexual employee harasses an employee of the same sex.‭ ‬But can a heterosexual employee sexually harass another heterosexual employee of the same gender Sexual harassment in India is termed‭ “‬Eve teasing‭”‬ and is described as:‭ ‬unwelcome sexual gesture or behaviour whether directly or indirectly as sexually coloured remarks‭; ‬physical contact and advances,‭ ‬showing pornography‭; ‬a demand or request for sexual favours‭; ‬any other unwelcome physical,‭ ‬verbal/non-verbal‭ ‬conduct being sexual in nature.‭ ‬The critical factor is the unwelcomeness of the behaviour,‭ ‬thereby making the impact of such actions on the recipient more relevant rather than intent of the perpetrator. According to India‭’‬s constitution,‭ ‬sexual harassment‭ ‬infringes the fundamental right of a woman to gender equality under Article‭ ‬14‭ ‬of the Constitution of India and her right to life and live with dignity under Article‭ ‬21‭ ‬of the Constitution. Although there is no specific law against sexual harassment at workplace in India. As observed by Justice ArjitPasayat:‭ “‬While a murderer destroys the physical frame of the victim,‭ ‬a rapist degrades and defiles the soul of a helpless female‭”‬. In this case Supreme Court laid down the following guidelines which recognized it not only as a private injury to an individual woman but also as the violation of her fundamental rights.‭ ‬These guidelines are significant because for the first time sexual harassment is identified as a separate category of legally prohibited behavior.‭ ‬These are subjected to all workplaces until any other legislation is passed by parliament in this regardbased on the Vishaka guidelines,‭ ‬the Government of India,‭ ‬together with the civil society has proposed several draft laws between‭ ‬2005‭ ‬and‭ ‬2010.‭ ‬However,‭ ‬the latest draft ‭‘‬Protection of Women against the Sexual Harassment at the Workplace Bill,‭ ‬2010‭’‬,‭ ‬introduced in the Parliament on December‭ ‬7,‭ ‬2010‭ ‬is entirely a government version‭; ‬the absence of civil society consultation on this draft is acute.‭ CONTENT‭ ‬ Page No.‭ Summary of the case‭ ‬ 05‭ Introduction‭ ‬ 08 Scenario in the post-Vishakha guidelines period‭ ‬ 10 Definition of sexual harassment at work ‭ ‬ 10 ‭ The Vishakha guidelines‭ ‬11 Critical analysis‭ ‬of Judgement‭ ‬given in VISHAKHA CASE.‭ ‬ 13 The Protection of Women against Sexual Harassment at Work Place Bill, 2016‭ ‬ 15 Conclusion‭ ‬17 ‭ ‬9.‭ ‬References‭ ‬19‭ OBJECTIVE/AIM OF THE STUDY To understand that why VISHAKHA GUIDELINE cam‭ ‬into existance. To know how a judgement‭ (‬vishakha guideline‭) ‬became a law as earlier there were no such law to amend so how law made by Judges. Neccesity of such law. IMPORTENCE From this project we will understand making of vishakha guideline and their neccesity.we will understand how this could happen that‭ ‬law made‭ ‬by judgement without amending.we will see how much crime this law can privale or how much rights women has got against sexual harrasment on workplace. SCOPE OF THE STUDY In‭ ‬this project we will mainly deal will guideline given by Judges in respect of Banwari case,so this project will be limited upto law against sexual harrasment of women. LITERATURE REVIEW In my project i have included some relevent things from articles- ‭“‬Fragile Space‭”‬:‭ ‬Sexual Harassment and the Construction of Indian Feminism by MADHAVI SUNDER,In this article,‭ ‬author explicates‭ ‬sexual harassment in India as a crime related to women‭’‬s everyday struggle to‭ ‬challenge traditional boundaries and reformulate identities,according to him‭ ‬Sexual violence is‭ ‬often used to thwart these challenges and lock Indian women into traditional‭ ‬roles.‭ ‬The resulting‭ “‬process-based‭”‬ He talked about‭ ‬Indian analysis of sexual harassment,‭ ‬which‭ ‬departs from traditional victim-based analyses of the crime in the West,‭ ‬serves as‭ ‬one example of Indian feminists self-consciously creating a legal reform movement‭ ‬that both engages international dialogue on sexual harassment,‭ ‬and‭ ‬integrates that dialogue with its own particular history to create a distinct legal‭ ‬reform and likewise things he has given in his article. Sexual Harassment‭ ‬of Working Women by Ramni Taneja Advocate,‭ ‬New Delhi. In this article auther discussed‭ ‬Unequal employment opportunities‭ ‬as adults,reduced access to healthcare at all‭ ‬ages,‭ ‬Discrimination and its effect that threatens women‭’‬s very survival.‭ ‬According to him‭ ‬women are hardier than men,‭ ‬India‭’‬s sex ratio has declined from‭ ‬972‭ ‬in‭ ‬1901‭ ‬to‭ ‬927,‭ ‬putting‭ ‬50‭ ‬million in the‭ “‬missing‭”‬ category.He has discussed‭ ‬‘the Girl Child‭ ‬Scheme‭’‬,‭ ‬which is aimed at transforming the social perception of girls from‭ ‬‘curses and‭ ‬liabilities‭’‬ to sought-after family members,‭ ‬especially among the very poor who live below‭ ‬the poverty line. Refining the regulation of sexual harassment by Virginia Grainer. According‭ ‬to auther,‭ ‬Sexual harassment is no longer the novelty it was in the‭ ‬1970s and early‭ ‬1980s.‭ ‬It is now recognized for what it is‭ ‬-‭ ‬an abuse of power most often perpetuated by men against women.‭ ‬Anita Hill's experience has confirmed for the world that allegations of sexual harassment are to be taken seriously.‭ ‬Hopefully,‭ ‬considerable progress has been made in this jurisdiction since‭ ‬1985‭ ‬when the Equal Opportunities Tribunal virtually apologised to a defendant for finding him guilty of sexual harassment.‭ ‬It is time to stop congratulating ourselves that the problem is now acknowledged and that procedures exist to cope with it.‭ ‬These procedures must be refined so that they are no longer the blunt instruments they once were.‭ ‬Refining the regulation of sexual harassment must be placed high on the agenda of legal change.so in this article auther has given comparision between old laws and new laws regarding sexual offences,that have I added in my project. ALONG THE SPECTRUM OF WOMEN'S RIGHTS ADVOCACY:‭ ‬A CROSS-CULTURAL COMPARISON OF SEXUAL HARASSMENT LAW IN THE UNITED STATES AND INDIA by Louise Feld. In this article,it was contended that,The United States and India,‭ ‬represents an opportunity for feminists to work together in order to confront a pressing problem.‭ ‬Valuable comparisons educate feminists in both India and the United States about their respective sexual harassment protections and how those protections function simultaneously to help and hurt women in the workplace.‭ Lawmaking Beyond Lawmakers:‭ ‬Understanding‭ ‬the Little Right and the Great Wrong‭ (‬Analyzing the Legitimacy of the Nature of Judicial Lawmaking in India's Constitutional Dynamic‭) ‬by Shubhankar Dam. Recent years have witnessed a novel culture dominate the workings‭ ‬of the Indian judiciary and basically this has been discussed in yhis article.‭ ‬A‭ ‬process that began nearly twenty-five years ago has changed the internal dynamics of India‭’‬s constitutional democracy.‭ ‬Authored‭ ‬by‭ ‬the Indian Supreme Court,‭ ‬the novelties have refashioned the institutional order in a manner historically unknown to constitutional democracies.‭ ‬The new order has seen the emergence of the Court in stature,‭ ‬domestically and beyond.‭ ‬The‭ “‬least‭ ‬dangerous‭”‬ branch‭ ‬in history became India‭’‬s most assertive organ.For some the‭ ‬judiciary is‭ “‬the sanctuary of Indian humanity‭”‬ and‭ ‬for‭ ‬others it is‭ “‬the‭ ‬world‭’‬s most powerful court.‭”‬ And‭ ‬some‭ ‬other‭ ‬issues‭ ‬also‭ ‬been‭ ‬discussed. RESEARCH METHODOLOGY The method of Doctrinal reasearch has been followed. HYPOTHESIS In this project we assume that the gudelines given in Judgement has good effect to‭ ‬prevent such type of crime.there were no seperate law against sexual harrasment‭ ‬,and these guideline came as a law given by Judges.These guideline are enough to get justice in such type of cases.‭ SUMMARY OF THE CASE a‭) ‬Judgement In disposing of the writ petition with directions,‭ ‬it was held that:‭ “‬The fundamental right to carry on any occupation,‭ ‬trade or profession depends on the availability of a‭ ‬‘safe‭’‬ working environment.‭ ‬The right to life means life with dignity.‭ ‬The primary responsibility for ensuring such safety and dignity through suitable legislation,‭ ‬and the creation of a mechanism for its enforcement,‭ ‬belongs to the legislature and the executive.‭ ‬When,‭ ‬however,‭ ‬instances of sexual harassment resulting in violations of Arts‭ ‬14,‭ ‬19‭ ‬and‭ ‬21‭ ‬are brought under Art‭ ‬32,‭ ‬effective redress requires that some guidelines for the protection of these rights should be laid down to fill the legislative vacuum.‭” http://www.dnaindia.com/india/report-explained-vishakha-judgment-on-sexual-harassment-at-workplace-1923309 Quoram J.S.‭ ‬Verma C.J.I. ‭ ‬Mrs.‭ ‬Sujata V.‭ ‬Manohar ‭ B.N.‭ ‬Kirpal.‭ ‬JJ. Dr.‭ ‬A.S.‭ ‬Anand,‭ ‬C.J.I.‭ V.‭ ‬N.‭ ‬Khare,‭ ‬J. Statutes referred Constitution of India‭ • ‬Article‭ ‬14‭ (‬the right to equality‭) • ‬Article‭ ‬15‭ (‬the right to non discrimination‭) • ‬Article‭ ‬19‭(‬1‭)(‬g‭) (‬the right to practise one‭’‬s profession‭) • ‬Article‭ ‬21‭ (‬the right to life‭) ‬Convention on the Elimination of All Forms of Discrimination against Women‭ (‬CEDAW‭) • ‬Article‭ ‬11‭ ([‬State‭] ‬takes all appropriate measures to eliminate discrimination against women in the field of employment‭) • ‬Article‭ ‬24‭ ([‬State shall‭] ‬undertake to adopt all necessary measures at the national level aimed at achieving the full realization‭) Cases referred Nilabati Behera vs.‭ ‬State of Orissa‭ ‬1993‭(‬2‭) ‬SCC‭ ‬746 ‭ ‬b‭) ‬Case‭ (‬Background‭) In India before‭ ‬1997,‭ ‬There was no formal guidelines for how an incidents involving sexual harassment at workplace should be dealt by an employer.‭ ‬Women experiencing sexual harassment at workplace had to lodge a complaint under Section‭ ‬354‭ ‬of the Indian Penal Code that deals with the‭ ‬‘criminal assault of women to outrage women‭’‬s modesty‭’‬,‭ ‬and Section‭ ‬509‭ ‬that‭ ‬punishes an individual or individuals for using a‭ ‬‘word,‭ ‬gesture or act intended to insult the modesty of a woman‭’‬.‭ ‬These sections left the interpretation of‭ ‬‘outraging women‭’‬s modesty‭’‬ to the discretion of the police officer. indiankanoon.org/doc/1031794 FACTS OF THE CASE Bhanwari‭ ‬Devi was a social worker‭ (‬saathin‭) ‬at rural level in a development programme initiated by State Government of Rajasthan,‭ ‬aiming to end the evil of child marriages in villages of Rajasthan. Once,as a part of her work,she tried to stop Ramkaran Gujjar‭’‬s daughter marriage who was a infant but marriage took place.As a result of this,‭ ‬Bhanwari Devi was subjected to social boycott. In september‭ ‬1992,she was gang-raped by a group of five men in which one was Ramkaran himself.It happened in front of his husband. The only doctor in the Primary Health Centre refused to examine Bhanwari and the doctors at Jaipur only confirmed her age without mentioning any reference to rape in his medical report.‭ ‬At the police station too,‭ ‬the women constables taunted her throughout‭ ‬the night.‭ ‬Even in past midnight policemen asked Bhanwari to leave her lehenga behind as evidence and return to her village.‭ ‬She was left with only her husband‭’‬s bloodstained dhoti to wear.‭ Accused was acquitted by trial court but Bhanwari was determined to fight further and get justice‭ ‬.She said that she had nothing to be ashamed of and that the men should be ashamed due to what they had done,so she took the case in High Court.On December‭ ‬1993,‭ ‬the High Court made a statement,‭ “‬it is a case of gang-rape which was committed out of vengeance‭”‬. This sentence provoked women‭’‬s groups and NGOs to file a petition in the Supreme Court of India.the groups had filed a petition in the Supreme Court of India,‭ ‬under the name‭ ‬‘Vishaka‭’‬,‭ ‬asking the court to give certain directions regarding the sexual harassment that women face at the workplace.‭ ‬The result is the Supreme Court judgement,‭ ‬which came on‭ ‬13th August‭ ‬1997,‭ ‬and named as the Vishaka guidelines. ARGUMENTS The Counsels in the Supreme Court argued for implementing‭ ‬the sexual harassment prevention guidelines that sexual harassment of women at workplace violates Article‭ ‬14,‭ ‬15‭ ‬and‭ ‬21‭ ‬the Constitution of India and violate the constitutional rights of woman. They argued that gender quality includes protection from sexual harassment and right to work with dignity,‭ ‬which is a universally recognized basic human right.‭ ‬The common minimum requirement of this right has received global acceptance.‭ ‬The international conventions and norms are therefore of great significance in the formulation of the guidelines to achieve this purpose.‭ The obligation of the court under Art.‭ ‬32 http://www.indiankanoon.org/doc/237570/‭ ‬of the Constitution of the enforcement of these fundamental rights in the absence of legislation must be viewed along with the role of judiciary envisaged in the Beijing statement of principles of the independence of the judiciary in the LAWASIA region.‭ ‬There principles of the Independence of the judiciary in the LAWASIA region.‭ ‬There principles were accepted by the Chief Justices of the Asia and the pacific at Beijing in‭ ‬1995‭ ‬as those representing the minimum standards necessary to be observed in order to maintain the independence and effective functioning of the judiciary.‭ ‬The objectives of the judiciary mentioned in the Beijing statement are: The objectives and functions of the judiciary include following: ‭(‬a‭) ‬To ensure that all persons are able to live securely under the Rule of Law. ‭(‬b)To promote,‭ ‬within the proper limits of the judicial function,‭ ‬the observance and the attainment of human rights‭; ‬and (c)To administer the law impartially among persons and between persons and the state. RATIO DECIDENDI The present writ petition has been brought as a class action by a group of certain social activitists and NGO‭’‬s with the aim of focusing attention towards their sociatal abberration and assisting in finding suitable methods for realisation of true concept of‭ ‬‘gender equality‭’‬and to prevent sexual harrasment of working women in all work places through judicial process,to fill the vacuum in existing legisletion. http://www.slideshare.net/shobhitshukla904/admin-law-presentation ORBITOR DICTA At the Fourth World Conference on Women in Beijing,‭ ‬the Government of India has also made an official commitment,‭ ‬inter alia,‭ ‬to formulate and operationalize a national policy on women which will continuously guide and inform action at every level and in every sector‭; ‬to set up a Commission for Women‭’‬s to act as a public defender of women‭’‬s human rights‭; ‬to institutionalise a national level mechanism to monitor the implementation of the Platform for Action.. http://www.iiap.res.in/files/VisakaVsRajasthan‭_‬1997.pdf CONCLUSION ‭“‬vishakha guidelines against sexual harassment‭”‬ prove to be ineffective if they are not followed up by prompt action and dissemination within the country.‭ ‬However,‭ ‬the i still feels that specific customised guidelines for our country prove advantageous.Unions have a duty to make members aware of the nature and scope of the problems involved,‭ ‬to take action to prevent sexual harassment occurring and to set up a grievance procedure to deal with it.‭ ‬Male trade unionists will need to examine their behaviour towards women at work and in the union.‭ ‬The more the problem of sexual harassment is discussed in the open by the trade unionists,‭ ‬both female and male,‭ ‬the easier it will become to eliminate it from the workplace. Vishakha guideline initiatives There was no formal guidelines for how an incidents involving sexual harassment at workplace should be dealt by an employer.‭ ‬Women experiencing sexual harassment at workplace had to lodge a complaint under Section‭ ‬354‭ ‬of the Indian Penal Code that deals with the‭ ‬‘criminal assault of women to outrage women‭’‬s modesty‭’‬,‭ ‬and Section‭ ‬509‭ ‬that punishes an individual or individuals for using a‭ ‬‘word,‭ ‬gesture or act intended to insult the modesty of a woman‭’‬.After that Bhanwari devi vs state of Rajasthn happened in which a social worker was repes by men just because she tries to stop child marriage.In respect to that a party of social worker women loaded complain for not having enough guideline for sexual harrasment cases. Sexual Harassment at the Workplace‭ (‬SHW‭) ‬has remained one of the central‭ ‬concerns of the women‭’‬s movement in India since the early-80‭’‬s‭ ‬.‭ ‬During the‭ ‬1980s,‭ ‬militant action by the Forum Against Oppression of Women‭ (‬Mumbai‭) ‬against the sexual harassment of nurses in public and private hospitals by patients and their male relatives,‭ ‬ward-boys and other hospital staff‭; ‬of air-hostesses by their colleagues and passengers‭; ‬of teachers by their colleagues,‭ ‬principals and management representatives‭; ‬of PhD students by their guides and so on and so forth received a lukewarm response from the trade unions and adverse publicity in the media‭ (‬FAOW,‭ ‬1991‭)‬.‭ ‬But this trivialisation did not deter the women‭’‬s rights activists.‭ ‬More and more working women started taking systematic action against SHW.‭ ‬During the‭ ‬1990s,‭ ‬the most controversial and brutal gang rape at the workplace involved a Rajasthan state government employee who tried to prevent child marriage as part of her duties as a worker of the Women Development Programme.‭ ‬The feudal patriarchs who were enraged by her‭ (‬in their words:‭ “‬a lowly woman from a poor and potter community‭”‬) ‘guts‭’‬ decided to teach her a lesson and raped her repeatedly‭ (‬Samhita,‭ ‬2001‭)‬.‭ ‬After an extremely humiliating legal battle in the Rajasthan High Court the rape survivor did not‭ ‬get justice and the rapists‭ ‬– “educated and upper caste affluent men‭”‬ --‭ ‬were allowed to go free.‭ ‬This enraged a women‭’‬s rights group called Vishakha that filed a public interest litigation in the Supreme Court of India‭ (‬Combat Law,‭ ‬2003‭)‬. Some noteworthy complaints of SHW that came into the‭ ‬national limelight were filed by: Rupan Deo Bajaj,‭ ‬an IAS officer in Chandigarh,‭ ‬against‭ ‬‘super cop‭’‬ K P S Gill. An activist from the All India Democratic Women's Association,‭ ‬against the environment minister in Dehra Dun. An airhostess against her colleague Mahesh Kumar Lala,‭ ‬in Mumbai. An IAS officer in Thiruvananthapuram,‭ ‬against the state minister. Before‭ ‬1997,‭ ‬women experiencing SHW had to lodge a complaint under Section‭ ‬354‭ ‬of the Indian‭ ‬Penal Code that deals with the‭ ‬‘criminal assault of women to outrage women‭’‬s modesty‭’‬,‭ ‬and Section‭ ‬509‭ ‬that punishes an individual/individuals for using a‭ '‬word,‭ ‬gesture or act intended to insult the modesty of a woman‭'‬.‭ ‬These sections left the interpretation of‭ '‬outraging women's modesty‭' ‬to the discretion of the police officer. In‭ ‬1997,‭ ‬the Supreme Court passed a landmark judgment in the Vishakha case laying down guidelines to be followed by establishments in dealing with complaints about sexual harassment.‭ ‬The court stated that these guidelines were to be implemented until legislation is passed to deal with the issue‭ (‬Mathew,‭ ‬2002‭)‬. Scenario in the post-Vishakha guidelines period ‭ ‬Several organisations have carried out research on SHW that has been widely disseminated.‭ ‬A survey by Sakshi‭ (‬Delhi‭) ‬throws up some worrying data:‭ ‬80%‭ ‬of respondents revealed that SHW exists,‭ ‬49%‭ ‬had encountered SHW,‭ ‬41%‭ ‬had experienced SHW,‭ ‬53%‭ ‬women and men did not have equal opportunities,‭ ‬53%‭ ‬were treated unfairly by supervisors,‭ ‬employers and co-workers,‭ ‬58%‭ ‬had not heard of the Supreme Court‭’‬s directive of‭ ‬1997,‭ ‬and only‭ ‬20%‭ ‬of organisations had implemented the Vishakha guidelines‭ (‬Dalal,‭ ‬2003‭)‬.‭ ‬Controversy over SHW by the senior manager of Infosys‭ (‬Nair,‭ ‬2003‭)‬,‭ ‬by the chairman and managing director of NALCO‭ (‬Ramanujan,‭ ‬2004‭)‬,‭ ‬the Medha Kotwal petition on SHW of a PhD student by her guide at M S University,‭ ‬Vadodara,‭ ‬complaints against a senior professor at Lucknow University‭ (‬Times of India,‭ ‬2003‭)‬,‭ ‬complaints about SHW by the film star Sushmita Sen against the CEO of Coca-Cola have all‭ ‬alerted employers to the economic burden and efficiency loss from SHW.‭ ‬Still,‭ ‬most private companies refrain from investing funds in such committees. A Sophia Centre for Women‭’‬s Studies and Development study shows that awareness and implementation of the Supreme Court's guidelines is very low and there is a need to spread awareness about the same.‭ ‬A study by Samhita‭ (‬Kolkata‭)‬,‭ ‬throwing light on the Bhanvari Devi case,‭ ‬has highlighted to the state and civil society the gravity of the menace of SHW‭ (‬SCWSD and ICHRL,‭ ‬2003‭)‬. Definition of sexual harassment at work  ‭ ‬The Supreme Court directive of‭ ‬1997‭ ‬clearly and unambiguously provides an answer to the question‭ ‬‘What is sexual harassment‭?‬’. As defined in the Supreme Court guidelines‭ (‬Vishakha vs State of Rajasthan,‭ ‬August‭ ‬1997‭)‬,‭ ‬sexual harassment includes such unwelcome sexually determined behaviour as: Physical contact A demand or request for sexual favours Sexually coloured remarks Showing pornography Any other unwelcome physical,‭ ‬verbal or non-verbal conduct‭ ‬of a sexual nature,‭ ‬for example,‭ ‬leering,‭ ‬telling dirty jokes,‭ ‬making sexual remarks about a person's body,‭ ‬etc The Supreme Court directive provided the legitimate space for the hidden truth about SHW to surface‭; ‬earlier one only heard about victim-blaming,‭ ‬witch-hunting and blackmailing.‭ ‬Now women are fighting back tooth and nail.‭ ‬The electronic and print media have become extremely responsive to the issue of SHW.‭ ‬My firsthand experiences with providing support to women survivors of SHW has convinced me that we need to counter the myths about SHW with concrete facts,‭ ‬case studies and a database. The Vishakha guidelines categorically state that:‭ ‬It is the duty of the employer or other responsible persons in the workplace or institution to: Prevent sexual harassment Provide mechanisms for the resolution of complaints All women who draw a regular salary,‭ ‬receive an honorarium,‭ ‬or work in a voluntary capacity in the government,‭ ‬private sector or unorganised sector come under the purview of these guidelines. Complaints mechanism All workplaces should have an appropriate complaints mechanism with a complaints committee,‭ ‬special counsellor or other support services. A woman must head the complaints committee and no less than half its members should be women. The committee should include an NGO/individual familiar with the issue of sexual harassment. The complaints procedure must be time-bound. Confidentiality must be maintained. Complainants/witnesses should not experience victimisation/discrimination during the process. Preventive steps Sexual harassment should be affirmatively discussed at workers‭' ‬meetings,‭ ‬employer-employee meetings,‭ ‬etc. Guidelines should be prominently displayed to create awareness about the rights of female employees. The employer should assist persons affected in cases of sexual harassment by outsiders. Central and state governments must adopt measures,‭ ‬including legislation,‭ ‬to ensure that private employers also observe the guidelines. Names and contact numbers of members of the complaints committee must be prominently displayed. Employers‭ ‬ responsibilities Recognise sexual harassment as a serious offence. Recognise the responsibility of the company/‭ ‬factory/workplace to prevent and deal with sexual harassment at the workplace. Recognise the liability of the company,‭ ‬etc,‭ ‬for sexual harassment by the employees or management.‭ ‬Employers are not necessarily insulated from that liability because they were not aware of sexual harassment by staff. Formulate an anti-sexual harassment policy.‭ ‬This should include: 1.‭ ‬A clear statement of the employer's commitment to a workplace free of unlawful discrimination and harassment.‭ ‬2.‭ ‬Clear definition of sexual harassment‭ (‬using examples‭)‬,‭ ‬and prohibition of such behaviour as an offence.‭ ‬3.‭ ‬Constitution of a complaints committee to investigate,‭ ‬mediate,‭ ‬counsel and resolve cases of sexual harassment.‭ ‬The Supreme Court guidelines envisage a proactive role for the complaints committee,‭ ‬andprevention of sexual harassment at work is a crucial role.‭ ‬It is thus imperative that the committee consist of persons who are sensitive and open to the issues faced by women.‭ ‬4.‭ ‬A statement that anyone found guilty of harassment after investigation will be subject to disciplinary action. The range of penalties that the complaints committee can levy against the offender should include: 5.‭ ‬Explicit protection of the confidentiality of the victim of harassment and of witnesses.‭ ‬6.‭ ‬A guarantee that neither complainant nor witnesses will be subjected to retaliation.‭ ‬7.‭ ‬Publishing the policy and making copies available at the workplace.‭ ‬Discussing the policy with all new recruits and existing employees.‭ ‬Third-party suppliers and clients should also be aware of the policy.‭ ‬8.‭ ‬Conducting periodic training for all employees,‭ ‬with active involvement of the complaints committee. Employer‭’‬s‭ ‬duty Freedom from sexual harassment is a condition of work that an employee is entitled to expect.‭ ‬Women‭’‬s rights at the workplace are human rights. CRITICAL ANALYSIS OF JUDGEMENT GIVEN IN VISHAKHA CASE JUDGEMENT- The judgment was delivered by Chief Justice J.S.Verma,‭ ‬on behalf of Justice SujataManohar and Justice B.N.Kirpal,‭ ‬on a writ petition which was filed by‭ ‬‘Vishaka‭’‬.‭ ‬The court observed that it is fundamental right of working woman under article‭ ‬14 ‭ ‬Article‭ ‬14‭(‬the right to equality‭)‬,‭ ‬19 ‭ ‬Article‭ ‬19‭(‬I‭)(‬g‭) (‬the right to practice‭ ‬one‭’‬s profession‭)‬(1‭) (‬g‭)‬,‭ ‬and‭ ‬21 ‭ ‬Article‭ ‬21‭(‬the right to life‭)‬ of the constitution to carry on any occupation,‭ ‬trade or profession but it should be ensured that trader should provide a safe working environment at work place.‭ ‬It was of the view that the fundamental right to carry on any occupation,‭ ‬trade or profession depends on the availability of a‭ “‬safe‭”‬ working environment.‭ ‬The right to life means life with dignity.‭ The Supreme Court referred to various international human right Nhrc.nic.in/hract.htm instruments,‭ ‬including CEDAW Convention on the Elimination of All forms of Discrimination Against Woman.‭ ‬and observed that every woman has a fundamental right to freedom from Sexual Harassment.‭ ‬Supreme Court has laid down guidelines to be followed by employees to prevent sexual harassment of women employees.‭ ‬The guidelines are mandatory‭ ‬till they are replaced by legislation. This is implicit from Article‭ ‬51 http://www.indiankanoon.org/doc/237570/‭ ‬and the enabling power of the Parliament to enact laws for implementing the International Conventions and norms by virtue of Article‭ ‬253 http://www.indiankanoon.org/doc/237570/‭ ‬read with entry‭ ‬14‭ ‬of the union list in Seventh of the Constitution.‭ Court ruled out that at every workplace there should be a sexual code and there should be a proper mechanism to enforce cases which fall under the ambit of this sexual harassment code.‭ ‬The main objective of this aim is to facilitate the gender equality and to prevent discrimination for women at the workplace.The Supreme Court in absence of any enacted law was called upon to provide for effective enforcement of basic human rights of gender equality and guarantee against sexual harassment.‭ Supreme Court made the definition of sexually determined behavior in a wider sense by including any kind of acts which include physical contact,‭ ‬demand for sexual favors,‭ ‬sexually remarks,‭ ‬showing pornography,‭ ‬verbal or non verbal conduct of a sexual nature with women.The Supreme Court stated that the guidelines for the sexual code at every workplace are to be treated as a declaration of law in accordance with Article‭ ‬141 Article‭ ‬141‭ ‬of the constitution.‭(‬Law declared by Supreme Court to be binding on all courts The law declared by the Supreme Court shall be binding on all courts within the territory of India‭)‬ of the constitution.‭ ‬And these rights should not be based on prejudices any right available under the protection of Human Right Act‭ ‬1993.‭ ‬The guidelines and norms specified by the Supreme Court include the duty of employer in work place and other institutions,‭ ‬preventive steps to be taken in this regard,‭ ‬criminal proceedings,‭ ‬disciplinary action,‭ ‬complaints mechanism and complaints committee,‭ ‬to encourage workers initiative,‭ ‬creating awareness and against third party harassment etc. CRITICAL‭ ‬ ANALYSIS The Supreme Court referred to the definition of Sexual harassment suggest in‭ ‬Vishaka vs.‭ ‬State of Rajasthan AIR‭ ‬1997‭ ‬SCC‭ ‬3011‭ ‬at‭ ‬3014.‭ ‬Supreme Court give Sexual Harassment definition www.indianknoon.org/doc/1031794/‭ ‬para16‭ ‬point2‭ ‬shows that sexual harassment of a form of sex discrimination projected through unwelcome favors and other verbal or physical conduct with sexual overtones,‭ ‬whether directly or by implication,‭ ‬particularly when submission to or rejection of such a conduct by the female employee was capable of being used for affecting the employment of the female employee and unreasonably interfering with her work performance and had the effect of creating an intimidating or hostile working environment for‭ ‬her.‭ ‬That sexual harassment of a female at the place of work is incompatible with the dignity and honors of a female and needs to be eliminated and that there can be no compromise with such violation admits of no debate. The supreme court guideline set out‭ ‬that persons in charge of a workplace in the public or private sector would be responsible for taking the appropriate steps to prevent sexual harassment by taking the appropriate steps including‭ ‬:- The prohibition of sexual harassment should be published in the appropriate ways and providing the appropriate penalties against the offender,‭ ‬for private employees,‭ ‬the guidelines should be included in the relevant employment guidelines,‭ ‬where sexual harassment occurs as a result of an act or omission by any third party or outsider,‭ ‬the employer and person-in-change will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action. Vishaka v.‭ ‬State of Rajasthana case presided over by‭ ‬JusticeBhagwati,‭ ‬Chief Justice of India,‭ ‬whose quote begins this section.‭ ‬Vishaka involved the alleged rape of a woman by state employees and the failure of officials to investigate the complaint.‭ ‬A group of activists brought a‭ “‬public interest litigation‭”‬ action and requested the Supreme Court to frame guidelines for the prevention of sexual harassment and violence against women based on CEDAW.‭ ‬Although CEDAW does not have any specific provision on violence,‭ ‬the UN Committee on the Elimination of Discrimination Against women had interpreted‭ “‬discrimination‭”‬ as including all forms of violence against women UN committee on the Elimination of Discrimination Against Woman,‭ ‬11th Session,‭ ‬UN Doc CEDAW/C/1992/L.1/Add.15‭ (‬1992‭)‬,‭ ‬General Recommendation NO‭ ‬19..‭ ‬Reading CEDAW together with the Committee‭’‬s recommendation,‭ ‬the court held: In the absence of domestic law occupying the field to formulate effective measures to check the evil of sexual harassment of working women at all workplaces,‭ ‬the contents of international conventions and norms are significant for the purpose of the interpretation of the guarantee of gender equality,‭ ‬the right to work with human dignity in articles‭ ‬14,‭ ‬15,‭ ‬19‭(‬1‭) (‬g‭) ‬and‭ ‬21‭ ‬of the Constitution of India and the safeguards against sexual harassment implicit therein.‭ ‬Any international convention not inconsistent with the fundamental rights and in harmony with its spirit must be read into these provisions to enlarge the meaning and content thereof,‭ ‬to promote the object of the constitutional guarantee. This is the most direct impact of CEDAW and evidence that international human rights discourse and feminist perspectives can play an effective and critical role,‭ ‬not just in informing reformers,‭ ‬but actually influencing the law.‭ ‬The integration of international human rights norms into domestic law is an important goal,‭ ‬which hopefully will slowly be realized. ‭ ‬The term domestic violence is used in Malaysia and finally violence in Singapore and they are treated interchangeably in this article. The Protection of Women against Sexual Harassment at Work Place Bill, 2010 Finally approved the introduction of the Protection of Women against Sexual Harassment at Workplace Bill,‭ ‬2010‭ ‬in Parliament.The bill seeks to ensure protection of women against sexual harassment at the workplace,‭ ‬both in public and private‭ ‬sectors whether organised or unorganized. The Bill lays down the definition of sexual harassment and seeks to provide a mechanism for redressing complaints. ‭ ‬It provides for the constitution of an‭ ‬‘Internal Complaints Committee‭’‬ at the work place and a‭ ‬‘Local Complaints Committee‭’‬ at the district and block levels. ‭ ‬A District Officer‭ (‬District Collector or Deputy Collector‭)‬,‭ ‬shall be responsible for facilitating and monitoring the activities under the Act. In‭ ‬1997‭ ‬as part of the Vishaka judgment,‭ ‬the Supreme Court drew upon the CEDAW and laid down specific guidelines on the prevention of sexual harassment of women at the work place. The Vishaka guidelines defined sexual harassment and codified preventive measures and redressal mechanisms to be undertaken by‭ ‬employers. A draft Bill was circulated by the Ministry of Women and Child Development for public feedback in‭ ‬2007.‭ ‬The current Bill establishes a framework to be followed by all employers to address the issue of sexual harassment. Highlights of the Bill The Bill defines sexual harassment at the work place and creates a mechanism for redressal of complaints. ‭ ‬It also provides safeguards against false or malicious charges. Every employer is required to constitute an Internal Complaints Committee at each office or branch with‭ ‬10‭ ‬or more employees. ‭ ‬The District Officer is required to constitute a Local Complaints Committee at each district,‭ ‬and if required at the block level. The Complaints Committees have the powers of civil courts for gathering evidence. The Complaints Committees are required to provide for conciliation before initiating an inquiry,‭ ‬if requested by the complainant. Penalties have been prescribed for employers. ‭ ‬Non-compliance with the provisions of the Act shall be punishable with a fine of up to Rs‭ ‬50,000. ‭ ‬Repeated violations may lead to higher penalties and cancellation of licence or registration to conduct business. Key Issues and Analysis There could be feasibility issues in establishing an Internal Complaints Committee at every branch or office with‭ ‬10‭ ‬or more employees. The Internal Complaints Committee has been given the powers of a civil court. ‭ ‬However,‭ ‬it does not require members with a legal background nor are there any provisions for legal training. The Bill provides for action against the complainant in case of a false or malicious complaint. ‭ ‬This could deter victims from filing complaints. Two different bodies are called‭ ‬‘Local Complaints Committee‭’‬. ‭ ‬The Bill does not clearly demarcate the jurisdiction,‭ ‬composition and functions of these Committees. Cases of sexual harassment of domestic workers have been specifically excluded from the purview of the Bill. Unlike sexual harassment legislation in many other countries,‭ ‬this Bill does not provide protection to men. Sexual Harassment:‭ ‬Case laws in India Apparel Export Promotion Council v.‭ ‬A.K Chopra 1997‭ ‬IVAD Delhi‭ ‬646,‭ ‬68‭ (‬1997‭) ‬DLT‭ ‬303,‭ ‬1997‭ (‬42‭) ‬DRJ‭ ‬526 Mrs.‭ ‬RupanDeol Bajaj v.‭ ‬Kanwar Pal Singh Gill 1996‭ ‬AIR‭ ‬309,‭ ‬1995‭ ‬SCC‭ (‬6‭) ‬194 State of Punjab Vs.‭ ‬Gurmit Singh ‭(‬1996‭) ‬2‭ ‬SCC‭ ‬384 State of Maharashtra Vs.‭ ‬Madhukar N.‭ ‬Mardikar ‭ (‬1991‭) ‬1‭ ‬SCC‭ ‬57 Railway Board Vs.‭ ‬Chandrima Das AIR,‭ ‬2000‭ ‬SC‭ ‬988 Mohd.Habib Vs State 1989‭ ‬Cr.LJ‭ ‬137‭ ‬Delhi Law Constitution of Indian‭ Article‭ ‬14‭ (‬the right to equality‭)‬. Article‭ ‬15‭ (‬the right to non discrimination‭)‬. Article‭ ‬19‭(‬I‭) (‬g‭) (‬the right to practice one‭’‬s profession‭)‬. Article‭ ‬21‭ (‬the right to life‭)‬. Convention on the Elimination of All Forms of Discrimination against Woman‭ (‬CEDAW‭) Article‭ ‬11‭ ([‬state‭] ‬takes all appropriate measures to eliminate discrimination against woman in the field of employment. Article‭ ‬24‭ ([‬sate shall‭] ‬undertake to adopt all necessary measures at the national level aimed at achieving the full realization OUTCOME OF PROJECT After doing the project we can see that it was essential to have such type of law or guideline against sexual harrasment and it is really effective nowdays. CONCLUSION Sexual harassment at the workplace is a universal‭ ‬problem.‭ ‬Even though the occurrence of sexual harassment at the workplace is widespread in India and elsewhere,‭ ‬this is the first time it has been recognised as an infringement of the fundamental rights of a woman,‭ ‬under Article‭ ‬19‭(‬1‭)(‬g‭) ‬of the Constitution of India‭ “‬to practice any profession or to carry out any occupation,‭ ‬trade or business‭”‬. Of late,‭ ‬the problem of sexual harassment at the workplace has assumed serious proportions,‭ ‬with a meteoric rise in the number of cases.‭ ‬Surprisingly,‭ ‬however,‭ ‬in most cases women do not report the matter to the concerned authorities. In India,‭ ‬Articles‭ ‬14,‭ ‬15‭ ‬and‭ ‬21‭ ‬of the Indian Constitution provide safeguards against all forms of discrimination.‭ ‬In recent times,‭ ‬the Supreme Court has given two landmark judgments‭ ‬--‭ ‬Vishakha vs State of Rajasthan,‭ ‬1997,‭ ‬and Apparel Export Promotion Council vs A K Chopra,‭ ‬1999‭ ‬--‭ ‬in which it laid down certain guidelines and measures to ensure the prevention of such incidents.‭ ‬Despite these developments,‭ ‬the problem of sexual harassment is assuming alarming proportions and there is a pressing need for domestic laws on the issue. India is rapidly advancing in its developmental goals and more and more women are joining the workforce.‭ ‬It is the duty of the state to provide for the wellbeing and respect of its citizens to prevent frustration,‭ ‬low self-esteem,‭ ‬insecurity and emotional disturbance,‭ ‬which,‭ ‬in turn,‭ ‬could affect business efficacy,‭ ‬leading to loss of production and loss of reputation for the organisation or the employer.‭ ‬In fact,‭ ‬the recognition of the right to protection against sexual harassment is an intrinsic component of the protection of women‭’‬s human rights.‭ ‬It is also a step towards providing women independence,‭ ‬equality of opportunity and the right to work with dignity.‭ ‬Government and employers should ensure that women should be treated equally and gender discrimination should not take place at the workplace.‭ ‬Effective implementation of the policies can reduce the manifestation and mutilation of the sexual harassment to the minimum.‭ ‬One organisation can alter its approach to handle sexual harassment by viewing other organisations tactic.‭ ‬This will reduce or eliminate glitches caused by this harmful transgression.‭ ‬Government should understand that separate laws may not bring about equality in gender relations but a law dealing with sexual harassment would provide women immense support in their struggle.‭ ‬By focusing on the implementation of the Vishaka guidelines across sectors,‭ ‬examining the issue comprehensively through its‭ ‬components of redressal,‭ ‬prevention and protection,‭ ‬and drawing from experiences and perspectives shared at the Consultation,‭ ‬the organizers facilitated the process of identifying problems to fill gaps that need to be addressed by any law combating sexual‭ ‬harassment at the workplace.‭ ‬  In the last‭ ‬50‭ ‬years,‭ ‬various international human rights organisations have been focusing on promoting and protecting women's rights.‭ ‬The United Nations has acknowledged that women‭’‬s rights are synonymous with human rights.‭ ‬The same was reiterated in the Beijing Declaration. Most international women's human rights movements have raised their voice against abuse and violence perpetrated against women in general.‭ ‬In‭ ‬1979,‭ ‬the UN General Assembly adopted the Convention on the Elimination of all forms of Discrimination Against Women‭ (‬CEDAW‭)‬.‭ ‬Areas where discrimination was found to be rampant include political rights,‭ ‬marriage,‭ ‬family and employment.‭ ‬The convention emphasised that discrimination and attacks on a woman's dignity violated the principle of equality of rights. A Bill to Prevent Sexual Harassment at the Workplace,‭ ‬2005,‭ ‬has already been introduced‭ ‬in the Indian Parliament.‭ ‬Women‭’‬s groups have begun lobbying with parliamentarians to get it passed as an Act in the winter session of Parliament.‭ ‬For any sexual harassment law to be successful in India,‭ ‬it is important to be aware of the difficulties confronting our society and ways to overcome them.‭ ‬We all know that India is a patriarchal society and most cases of sexual harassment remain unreported.‭ ‬Women are reluctant to complain and prefer silence due to lack of sensitivity on the part of Indian society.‭ ‬There is a need to gender-sensitise our society so that the victim does not feel guilty and is encouraged to report any form of harassment.‭ ‬The victim‭’‬s privacy must be protected.‭ ‬The police and the judiciary,‭ ‬in particular,‭ ‬also need to be gender-sensitised.‭ ‬There should be speedy redressal and an increase in the conviction rate.‭ ‬Women themselves should be made aware of their right to a safe and harassment-free work environment.‭ ‬The concept and definition of sexual harassment should be clearly laid down,‭ ‬and the redressal mechanism made known to women in each and every sector of the economy.‭ ‬Structures and mechanisms should also be created for women in the unorganised/informal sector to combat SHW.‭ ‬Despite bold judgments by the Supreme Court,‭ ‬there is no sexual harassment complaints committee at most workplaces,‭ ‬even in the government sector.‭ ‬The apex court must direct the various workplaces to form sexual harassment committees within a stipulated time frame. In any civilised society,‭ ‬it is the fundamental right of people to be able to lead their lives with dignity,‭ ‬free from mental or physical torture.‭ ‬To ensure this,‭ ‬transgressors must pay for their unsolicited sexual advances.‭ ‬At the same time organisations such as Men Against Violence and Abuse,‭ ‬that conduct gender-sensitisation programmes and self-defence classes to combat sexual harassment at the workplace,‭ ‬must be encouraged‭ (‬Sadani,‭ ‬2003‭)‬. To effectively prevent SHW we need both a top-down initiative by the state and employers and civil society initiatives from citizens‭' ‬groups,‭ ‬women's organisations and trade unions. References‭ ‬(Bibliography‭) Books Thinking about Sexual Harassment:‭ ‬A Guide for the Perplexed‭ ‬By Margaret A.‭ ‬Crouch,Oxford University Press,‭ ‬2001 ‭“‬Indian Constitutional Law‭”‬,‭ ‬M.P.Jain,‭ ‬7th edition,‭ ‬2015,‭ ‬Lexis Nexis Publication. Cases Tarum Tejpal vs State of Goa Bhannwari Devi vs Sate of Rajasthan Medha Kotwal Lele and Others‭ ‬Vs.‭ ‬Union of India and Others Articles‭ In a‭ “‬Fragile Space‭”‬:‭ ‬Sexual Harassment and the Construction of Indian Feminism by MADHAVI SUNDER. Sexual Harassment of‭ ‬Working Women by Ramni Taneja Advocate,‭ ‬New Delhi. Refining the regulation of sexual harassment by Virginia Grainer. ALONG THE SPECTRUM OF WOMEN'S RIGHTS ADVOCACY:‭ ‬A CROSS-CULTURAL COMPARISON OF SEXUAL HARASSMENT LAW IN THE UNITED STATES AND INDIA by Louise Feld. Lawmaking Beyond Lawmakers:‭ ‬Understanding the Little Right and the Great Wrong‭ (‬Analyzing the Legitimacy of the Nature of Judicial Lawmaking in India's Constitutional Dynamic‭) ‬by Shubhankar Dam. 25