Vishaka & Ors. vs State of Rajasthan & Ors. (1997)

What was the primary focus of the Vishaka & Ors. vs State of Rajasthan & Ors. case?
The primary focus of the Vishaka & Ors. vs State of Rajasthan & Ors. case was the enforcement of the fundamental rights of working women under Articles 14, 19, and 21 of the Constitution of India, in the context of sexual harassment at the workplace. The case aimed to address the absence of legislative measures to protect women from sexual harassment and sought judicial intervention to establish guidelines for safeguarding these rights.

How does the Vishaka guidelines define sexual harassment?
Sexual harassment, the guidelines states, includes such “unwelcome sexually determined behaviour” (whether directly or by implication) which includes: 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.

What preventive steps were suggested in the Vishaka guidelines to curb sexual harassment at the workplace?
The guidelines suggested several preventive steps to curb sexual harassment at the workplace. Preventive measures should include ensuring the presence of both men and women on committees, organizing workshops and training sessions, and sensitizing employees about the issue. Employers must also set up a complaint mechanism to address incidents of sexual harassment. This mechanism should include a Complaints Committee with a female chairperson and no less than half of its member should be women. It should involve third-party representation from NGOs or other bodies familiar with the issue of sexual harassment to present internal influence or pressure. Furthermore, employers should ensure that appropriate disciplinary action is taken against perpetrators when sexual harassment occurs. To foster awareness, employers should display guidelines and procedures for making complaints and ensure that employees are well-informed about their rights and the steps to take if they face harassment.

What were the criminal proceedings recommended by the Vishaka guidelines for handling sexual harassment cases?
The Vishaka guidelines state that when conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate action as per the relevant law. It adds that witnesses or the individual harassed should have the option to seek the transfer of the perpetrator or their own transfers. 

Focus and Factoids by Arunima Mandwariya.

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