Discuss How Vishakha Guidelines Of Supreme Court Became Achievement For Women’s Movement In India

1. Discuss How Vishakha Guidelines Of Supreme Court Became Achievement For Women’s Movement In India The Vishakha Guidelines were a significant achievement for the women’s movement in India, providing a framework to address and prevent sexual harassment in the workplace. These guidelines emerged as a result of a landmark Supreme Court case in 1997, known as Vishakha v. State of Rajasthan, which involved the gang rape of a social worker named Bhanwari Devi. The case highlighted the need for legal measures to combat sexual harassment at the workplace, and the Supreme Court’s guidelines became a milestone in empowering women and ensuring a safer work environment. Here’s how the Vishakha Guidelines became an achievement for the women’s movement in India: 1. Recognition of Sexual Harassment as a Violation of Rights: ● The Vishakha Guidelines marked a crucial shift by recognizing that sexual harassment at the workplace is a violation of the fundamental rights guaranteed by the Indian Constitution, including the right to equality (Article 14) and the right to life and personal liberty (Article 21). 2. Definition of Sexual Harassment: ● The guidelines provided a clear definition of sexual harassment, encompassing unwelcome sexually determined behavior, such as physical contact, a demand or request for

2. sexual favors, sexually colored remarks, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. 3. Preventive Measures: ● The guidelines emphasized the need for employers to take proactive measures to prevent sexual harassment. This includes creating a conducive working environment, displaying policies against sexual harassment, organizing awareness programs, and establishing complaint mechanisms. 4. Redressal Mechanism: ● Vishakha Guidelines outlined a mechanism for redressal, suggesting the establishment of Internal Complaints Committees (ICCs) in workplaces. These committees were tasked with receiving and addressing complaints of sexual harassment, ensuring a fair and impartial inquiry. 5. Confidentiality and Non-Retaliation: ● The guidelines stressed the importance of maintaining confidentiality during the inquiry process to protect the privacy of the complainant. Additionally, they highlighted the need for non-retaliation against the complainant for filing a complaint. 6. Legal Obligations on Employers: ● The guidelines imposed a legal obligation on employers to prevent and deter sexual harassment at the workplace. Employers were required to take prompt action upon receiving a complaint, and failure to comply with the guidelines could result in legal consequences. 7. Influence on Legislation: ● The Vishakha Guidelines laid the groundwork for the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013. The legislation builds upon the principles outlined in Vishakha and provides a comprehensive legal framework for addressing workplace sexual harassment. 8. Empowerment of Women: ● By addressing sexual harassment in the workplace, the Vishakha Guidelines empowered women to speak out against harassment, fostering a sense of security and dignity at work. It played a crucial role in changing societal attitudes towards workplace harassment.

3. The Vishakha Guidelines, through their legal and institutional framework, significantly contributed to the advancement of women’s rights in India. They not only raised awareness about the issue of sexual harassment but also established a foundation for a safer and more equitable work environment for women across the country.

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