SC Ordered States to have a Check on Sexual Exploitation of Women at Workplaces

The Supreme Court of India on 19 October 2012 made it mandatory for every state, union territory and regulatory bodies to bring in practice/operations the legal mechanism for implementation of the guidelines issued in Vishaka Case that requires the employers to observe and ensure prevention of sexual harassment of women at workplaces.  

The three Judge Bench of Supreme Court that included Justices, R.M. Lodha, Anil R. Dave and Ranjan Gogoi explained that the implementation of the guidelines issued in Vishaka Case was not only to be followed in a form but was also a matter of substantiating the same with an spirit to make sure that a safe and secured space and environment in all aspects was made available to the woman at her workplace, which enables them to work with decency, dignity and respect as a whole. The bench also pointed out towards the lack of a legislation and proper mechanism to address the complaints of sexual harassment of women at their work place.

The Bench also explained the position of women representation to be only 10 to 11 percent of the total seats in Legislative Assemblies and Parliament, when it comes to gender parity. It also pointed out the 129th position of India on the list of United Nations Gender Equality Index out of the 147 countries covered in it, which is lower than all the South Asian Countries except Afghanistan.

The Bench explaining the provisions of the Indian Constitution, also cleared that in case there exists an issue of revising the old acts and bring in new laws to protect women from the indecency, disrespect and indignity they suffer from at their workplaces, homes and other places. Providing new initiatives to educate and advance the girls and women in all spheres and to protect violence in all forms (like sexual assault, domestic violence, sexual harassment at the workplace) against them new laws may be enacted by the Parliament and the State Legislatures. As the hollow statements, lip services and inadequate laws with a careless approach may not be enough to bring in gender parity and offer the genuine respect to the most precious population- the women.