Smruti, a Senior Company Secretary was invited to speak at Woman's Day celebrations at FICI event. While she was preparing for her talk, she was discussing about the woman's work place safety with her friend Zeena, a hum

CS Professional · Environmental, Social and Governance (ESG) Principles and Practice · PYQS · June 2026
Smruti, a Senior Company Secretary was invited to speak at Woman's Day celebrations at FICI event. While she was preparing for her talk, she was discussing about the woman's work place safety with her friend Zeena, a human rights activist and lawyer. During the conversation, Zeena highlighted that, the Supreme Court of India held that sexual harassment of a woman at the workplace violates her fundamental rights under the Constitution of India. The Court further concluded that such acts constitute a violation of women's human rights. She asked Smruti to cover the guidelines that must be fulfilled by employers and other responsible persons or institutions in relation to sexual harassment at the workplace, in her talk. Prepare a brief note covering the judicial precedents, if any and the requirements that must be fulfilled by employers and other responsible persons in relation to sexual harassment at workplace.

Answer & Explanation:

The landmark judicial precedent in relation to protection of women against sexual harassment at workplace is the case of Vishaka vs. State of Rajasthan and Ors., JT 1997 (7) SC 384 (Bhanwari Devi Case). The Supreme Court held that the sexual harassment of a woman at a workplace would be violative of her fundamental rights of gender equality and right to life and liberty under Articles 14, 15, 19 and 21 of the Indian Constitution. The court concluded that such act would be considered as a violation of women's human rights. The case laid down the guidelines and the following requirements which need to be fulfilled by the employer as well as other responsible persons or institutions were provided: For preventing the acts of sexual harassment in the workplace, it should be the duty of the employer or any other responsible person to prescribe for procedures and settlements. Formation of a complaint committee at all workplaces which shall be headed by a woman employee only and should have NGO or third-party participation. Half of the members of a committee should be comprised of women only. All complaints regarding sexual harassment of a woman employee would be dealt by this committee only, appropriate action in this regard shall be initiated by the employers in accordance with the concerned law. The committee would advise and recommend to the victim for the further course of action. Provides for the definition of sexual harassment. The abovementioned judgment led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 which came into force from 9 December 2013 covering the aspects of Vishaka Guidelines. This Act superseded the Vishaka Guidelines for prevention of sexual harassment introduced by the Supreme Court of India.

Topics: Social Governance, Labour Laws

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