Vishaka Guidelines

Vishaka Guidelines

We often listen about the Vishaka Guidelines. These Guidelines were a set of procedural guidelines for use in India in cases of sexual harassment. They were promulgated by the Indian Supreme Court in 1997 and were superseded in 2013 by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Recently a Delhi court has acquitted a former journalist in a defamation case filed by former Union minister. In this case, a journalist initially made allegations of sexual harassment against the former Union Minister. In turn, a criminal defamation case was filed in Delhi High Court against the journalist by Union Minister.

Key Observations made by the Court

1. Delhi High Court acquitted the journalist of the Criminal Defamation charges in its very recent verdict.
2. Sexual abuse takes away the dignity and self-confidence of women. So the right to dignity will be protected not the right of the reputation of a person.
3. The women have the right to put her grievance even after decades after the occurrence of the incident.
4. As there was no Vishaka Guidelines and The Sexual Harassment of Women at Workplace Act, 2013 at the time of the harassment.

Important points of Vishaka Guidelines

1. The Vishaka guidelines defined sexual harassment and codified preventive measures like the formation of the complaints committee
2. All employers both public and private sector should take appropriate steps to prevent sexual harassment.
3. Victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.
4. The guidelines were superseded by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.