Actually it was a landmark judgement when the Supreme Court formulated the Vishaka guidelines that made it mandatory for all institutions across the country to put in place measures to prevent and reduce sexual harassment in the workplace.
BHANWARI DEVI CASE
The movement that pushed for these mechanisms has its origins in the sexual harassment and gangrape of Bhanwari Devi, a Dalit woman employed by the Rajasthan government’s Women’s Development Programme. As a “saathin”, as workers in the programme were called, it was Devi’s job to spread awareness about hygiene, family planning and the necessity of educating girls, along with campaigning against female foeticide, infanticide, dowry and child marriages. Harassed in the course of her work, Devi was raped by five Gujjar men as “punishment” in 1992 for stopping the wedding of a nine-month-old Gujjar girl.
A nation-wide network of women’s organisations decided to support Bhanwari Devi’s fight for justice. Led by groups in Rajasthan, the movement recognised that Devi was attacked at what was essentially her workplace.
Full Court Judgement: Legitquest - Vishaka & Others Vs. State of Rajasthan & Other
The guidelines came to be known is known as the Vishakha guidelines.
Things got worse when in 1995, a trial court in Rajasthan acquitted all five men accused of raping Devi. A protest rally was held in Jaipur to demand that the case be handed over to the Central Bureau of Investigation. Protestors also demanded that Devi be given compensation. Some even asked for the death penalty.
VISHAKHA GUIDELINES
- All workplaces should have an appropriate complaints mechanism with a complaints committee, special counselor or other.
- Gender equality includes protection from harassment and the right to work with dignity as per our constitution.
- Extra hazard for a working woman compared her male colleague is clear violation of the fundamental rights of ‘Gender Equality’ & Right to Life and Liberty.
- Safe working environment is fundamental right of a working woman.
- In no way should working women be discriminated at the workplace against male employees.
- Working with full dignity is the fundamental right of working women.
- The Vishakha judgment recommends a Complaints Committee at all workplaces, headed by a woman employee, with at-least half of its members being women.
Read full judgement here: Vishaka vs State of Rajasthan
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