Currently, there are no legislative enactments or statutory policies against sexual harassment and abuse in the workplace. Sexual harassment includes any conduct determined to be sexually unwelcome, including comments of a sexual color, verbal or non-verbal conduct of a sexual nature. In the absence of an enacted law providing for the effective implementation of gender equality and the guarantee against sexual harassment, the Supreme Court of India (in the case of Vishaka & othr. v. State of Rajasthan) established certain guidelines and norms for due observance in all workplaces, whether in the public or private sector, and these guidelines are treated as the law declared by the Supreme Court under Article 141 of the Constitution of India (“Guidelines”) and are applicable by law until the Parliament of India enacts the appropriate legislation.

Some of the important rules prescribed in the Guidelines are:

Preventive Steps and Awareness:

All employers or persons in charge of the workplace, whether in the public or private sector, must take appropriate measures to prevent sexual harassment in the organization and take the following measures:

There must be an express prohibition of sexual harassment in the workplace and this prohibition must be adequately notified, published and disseminated so that an awareness of the rights of female workers is created in the Company. For example, the company can incorporate the policy related to sexual harassment in its Guide/Employee Manual and make it available to each of its employees when they join the company’s services. For employees who are already working with the company, management can distribute the revised and amended Employee Handbook (containing the anti-sexual harassment policy) or alternatively make it available online on the intranet. It is advisable to seek recognition of the Manual by employees. If management has concerns regarding posting of the policy prominently on Company bulletin boards, inclusion of the policy in the Employee Handbook and distribution of this Handbook to each employee should take place.

Adequate working conditions with respect to work, leisure, health and hygiene are provided to ensure that there is no hostile environment towards women in workplaces and that no female employee has reasonable grounds to believe that she is disadvantaged in relation to with your job.

The Company must initiate appropriate disciplinary action in case of misconduct.

Complaints Committee:

It would be necessary to create an adequate complaint mechanism to repair the complaint made by the employee in question. The complaints mechanism would need to be adequate to provide, where necessary, a Complaints Committee, special adviser or other support service.

The Complaints Committee would have to be headed by a woman and no less than half of its members would have to be women. Furthermore, to avoid the possibility of undue pressure or influence from higher levels, such a Complaints Committee would need to involve a third party, be it an NGO or other body that is familiar with the issue of sexual harassment.

The Complaints Committee must make an annual report to the relevant Government department of the complaints and the actions taken by them.

Employee initiative:

Employees should be allowed to raise issues related to sexual harassment at employee meetings and in other appropriate forums and affirmatively discussed at employer-employee meetings.

In view of the above-mentioned Guidelines, the Company should observe the above-mentioned regulations and circulate the guidelines against sexual harassment, it may be as part of its Employee Handbook and ensure compliance with the guidelines set forth in the matter of Vishaka and others. . v. State of Rajasthan by the Supreme Court of India.

Seema Jhingan (the author) is a Partner at LexCounsel, Law Offices, a Delhi-based firm.