(BASIC INTRODUCTION TO SEXUAL HARRASEMENT AT WORKPLACE AND VISHAKHA GUIDELINES)

Sexual harassment is a menace that continues to persist in workplaces across the world, including India. This practice is rooted in cultural practices that promote gender inequality and is exacerbated by power relations at the workplace. In a society where violence against women is often used to show patriarchal values operating in society, the values of men pose the greatest challenge in curbing sexual harassment.

Studies have shown that one out of every three working women in India are victims of sexual harassment, though these varies as there are many who’s cases are not registered, they are settled by personal mediation and outside the court settlement, while some are shunned in order to save their reputation and job. According to the law in India, sexual harassment violates the fundamental right of women to gender equality and life with dignity under Article 14 and Article 21, respectively.

The ambit of Sexual harassment can be distinguished on two bases: quid pro quo and hostile working environment. In quid pro quo sexual harassment, a woman is sexually harassed in exchange for work benefits or to fulfil sexual desires of the harasser. This can lead to retaliatory actions such as demotion or making the woman work in difficult conditions. Hostile working environment imposes a duty on employers to provide women workers with a positive working environment and prohibits sexist graffiti, sexual remarks, showing pornography, and brushing against women employees. While in a country like India we come across both the types of harassments on a daily basis, making the verge of women empowerment weaker. This is one of the reason that even today, women fear to go out and work for their living. Their dreams and ambitions die out of the fear of exploitation that they may suffer while stepping out of their homes.

The issue of sexual harassment in workplaces has been a major concern in India for decades. In response to this, the Supreme Court of India laid down guidelines in 1997 in the case of Vishaka v. State of Rajasthan, which recognized sexual harassment as a violation of fundamental rights and made it mandatory for every workplace to establish a complaint committee. However, despite the guidelines, private companies often fail to institute these committees, and government organizations tend to only do so on paper.

Moreover, in organizations where these committees exist, they often face serious problems. Victims have reported that committee members are unaware of their responsibilities, powers, and duties, which rarely leads to justice for the victim. The attitude of employers is often deep-seated, presuming that sexual harassment cannot happen in their organization, and as a result, women's complaints are often dismissed.

The Vishaka guidelines are significant as they identified sexual harassment as a separate category of legally prohibited behaviour, subject to all workplaces until any other legislation is passed by Parliament. The guidelines include the following:

• It is the duty of every employer to provide a sense of security to every female employee.
• The government should make strict laws and regulations to prohibit sexual harassment.
• Any act of sexual harassment should result in disciplinary action and criminal proceedings against the perpetrator.
• The organization should have a well-established complaint mechanism for the redressal of complaints made by the victim within a reasonable time.
• This complaint mechanism should be in the form of a complaint committee headed by a woman and with at least 50% of committee members being women so that victims do not feel ashamed while communicating their problems. The complaint committee should also involve a third party such as an NGO or other body familiar with the issue. There is a need for transparency in the functioning of this committee, and an annual report should be submitted to the government. Issues relating to sexual harassment should not be taboo in workers' meetings and should be discussed positively.
• The organization is duty-bound to inform female employees about their rights by regularly informing them about the new guidelines issued and legislation passed.
• The employer or person in charge has a duty to take necessary and reasonable steps to provide support to the victim if sexual harassment takes place due to the act or omission of a third party.
• These guidelines are not limited only to government employers and should also be followed by employers in private sectors.

The case of Medha Kotwal Lele & ors. v. Union of India & Ors helped successfully implement the Vishaka guidelines by issuing notices to all states and union territories to take the necessary steps. The guidelines are an important step towards creating safer and more secure workplaces for women in India

Thus this becomes an essentiality for employers to create a safe and healthy work environment that is free from any form of discrimination or harassment for women. Companies should have clear policies in place to address sexual harassment complaints and should provide training to employees to prevent such incidents from occurring. They should also promote a culture of gender equality and respect for all employees.

In conclusion, sexual harassment is a grave issue that needs to be addressed urgently. It is not just a legal or moral issue, but it also affects the productivity and well-being of employees. Employers have a critical role to play in creating a work environment that is safe, inclusive, and respectful of all employees. It is time to take a firm stand against sexual harassment and work towards creating a world where every individual is treated with dignity and respect.