GLOBAL DATABASE ON VIOLENCE AGAINST WOMENCOUNTRY-PROFILEINDIAMEASURESGUIDELINES AGAINST SEXUAL HARASSMENT AT THE WORKPLACE - VISHAKA V. STATE OF RAJASTHAN
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Guidelines against Sexual Harassment at the Workplace - Vishaka V. State of Rajasthan
Type of Measure
Laws > Violence against women > Regulations
Form of Violence
Sexual harassment; Stalking
Year
1997
Brief Description

The Supreme Court in India has laid down the Guidelines against Sexual Harassment at Workplace in the case Vishaka Vs. State of Rajasthan and these guidelines are mandated to be followed by all organizations/institutions both in the public and private sector. These guidelines encompass a comprehensive definition of sexual harassment, directions for establishment of a complaint mechanism and the duty under which employers are obligated to obviate any such act.

The definition given by the Supreme Court's decision is:

"[...] sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as :

a) Physical contact and advances;

b) a demand or request for sexual favours;

c) sexually coloured remarks;

d) showing pornography;

e) any other unwelcome physical, verbal or non - verbal conduct of sexual nature.

Where any of these acts is committed in circumstances whereunder the victim of such conduct has a reasonable apprehension that in relation to the victim's employment or work whether she is drawing salary, or honorarium or voluntary, whether in Government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection thereto."

Source of Information
Response of the Government of India to the questionnaire on violence against women 2010; CEDAW/C/IND/2-3, para. 344
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