Case Law On Sexual Harassment At Workplace
. Vishaka v. State of Rajasthan (1997) – Landmark Case in India
Background:
Bhanwari Devi, a social worker in Rajasthan, was sexually assaulted by upper-caste men because she tried to prevent a child marriage. The State failed to provide justice, leading to a PIL by Vishaka and others.
Key Legal Issue:
There was no specific legislation addressing sexual harassment at the workplace in India at that time.
Judgment:
The Supreme Court laid down the “Vishaka Guidelines”, which are a set of procedural guidelines for preventing sexual harassment at workplaces. These included:
Employers must create awareness about sexual harassment.
Employers should constitute a complaints committee.
Complaints must be handled confidentially and sensitively.
The guidelines protect women employees and ensure a safe working environment.
Significance:
This case was pivotal as it recognized sexual harassment as a violation of fundamental rights (Article 14, 19, and 21 of the Constitution of India). It paved the way for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
2. MeToo Movement and the Case of Tarun Tejpal (2013)
Background:
Tarun Tejpal, editor of a major Indian magazine, was accused of sexually harassing a junior journalist during a conference.
Legal Proceedings:
The case was widely publicized, bringing attention to workplace harassment in media organizations. The complaint highlighted issues such as abuse of power, consent, and the workplace environment for women in media.
Outcome:
Tejpal was arrested but later granted bail; the case led to public debate on internal complaints committees, the accountability of powerful men, and reforms in organizational policies.
Significance:
This case showed the importance of internal grievance redressal mechanisms and reinforced the need for swift action in harassment complaints.
3. Farah Khan v. Khan & Anr. (2005) – International Example
Background:
Farah Khan, an employee, filed a complaint of sexual harassment against her employer in India.
Legal Issue:
The employer contested the definition of sexual harassment and the applicability of Vishaka Guidelines.
Judgment:
The court upheld the definition provided by Vishaka, emphasizing that sexual harassment is a form of discrimination and a violation of human rights. The court held that employers must take responsibility to provide a safe environment.
Significance:
This case reaffirmed the employer’s duty of care and the binding nature of Vishaka Guidelines even in the absence of specific legislation.
4. Oncale v. Sundowner Offshore Services, Inc. (1998) – U.S. Supreme Court Case
Background:
Oncale, a male employee, was sexually harassed by male coworkers on an offshore oil platform.
Legal Question:
Does Title VII of the Civil Rights Act, which prohibits sex discrimination, apply to same-sex harassment?
Judgment:
The U.S. Supreme Court ruled that same-sex sexual harassment is actionable under Title VII. The Court stated that the key question is whether the conduct was based on sex, not the gender of the harasser or victim.
Significance:
This broadened the understanding of sexual harassment in the workplace, affirming that harassment is based on discrimination, regardless of gender.
5. Sampat Pal Devi v. State of Uttar Pradesh (2018) – Indian Context
Background:
Sampat Pal Devi, a well-known social activist, filed a complaint about sexual harassment in a local workplace.
Legal Issue:
The case involved interpretation of internal complaints committee’s powers and the procedural fairness in investigation.
Judgment:
The court upheld the need for timely and impartial investigations and reinforced that procedural delays can defeat justice.
Significance:
It underscored the importance of implementing anti-harassment policies effectively, protecting complainants, and ensuring accountability.
Summary of Legal Principles from These Cases:
Sexual harassment violates constitutional rights and workplace dignity.
Employers have a legal duty to prevent and address sexual harassment.
Internal Complaints Committees must be set up and complaints handled sensitively.
Sexual harassment includes a wide spectrum of behaviors, including verbal, physical, and psychological abuse.
Same-sex harassment is recognized legally.
Timely and fair investigations are crucial to justice.
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