Vishaka Committee

Prevention of Sexual Harassment Cell

• About the Committee
• Guidelines for prevention and redressed of harassment in Higher Educational Institutions in Tamil Nadu
• Handbook on Sexual Harassment of Women employees and Students in higher educational institution Published by UGC, Regulations 2015
• Handbook on Sexual Harassment of Women at Workplace Published by UGC, Act 2013

Events Organized

Vishakha Committee (Women Cell)

Jaya Sakthi Engineering College has constituted a Women’s Grievance Cell as per the orders of the Supreme Court (Vishaka Judgement), Sexual Harassment at Workplace Act, 2013 rules with the aim of promoting gender equality and women empowerment among students and staff members.

The cell takes care of the grievances of girl students and female staff members related to gender discrimination, violence and sexual harassment on the campus. It is dedicated to create an environment on the campus where every female feels safe.

The objectives of the women’s grievance cell are as follows:

• To create an environment of gender justice where men and women work together with a sense of personal security and dignity.
• To create awareness amongst students about issues related to youth and girls.
• To disseminate knowledge about rights and laws related to women.
• To create awareness amongst students about the problems faced by women due to gender discrimination.
• To enhance the self-esteem and self-confidence of girl students, women faculty and staff.
• To foster decision-making ability in girl students for making informed choices in areas like education, employment and health.
• To strengthen the principle of gender equality in all areas of life through awareness and institutional support.

About Vishakha Committee: The Vishakha Guidelines were a set of procedural guidelines for use in India in cases of sexual harassment. They were promulgated by the Indian Supreme Court in 1997 and were superseded in 2013 by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Background

Before 1997, a person facing sexual harassment at workplace had to lodge a complaint under Section 354 of the Indian Penal Code 1860 that deals with the criminal assault of women to outrage women's modesty, and Section 509 that punishes an individual or individuals for using words, gestures or acts intended to insult the modesty of a woman.

During the 1990s, Rajasthan state government employee Bhanwari Devi, who tried to prevent child marriage as part of her duties as a worker of the Women Development Programme, was raped by landlords of the community. The rape survivor did not get justice from Rajasthan High Court and the rapists were allowed to go free. This led a women's rights group called Vishaka to file a public interest litigation in the Supreme Court of India.

This case brought to the attention of the Supreme Court of India the absence of domestic law occupying the field and the need to formulate effective measures to check the evil of sexual harassment of working women at all work places.

What is Sexual Harassment?

Sexual harassment includes such unwelcome sexually determined behavior whether directly or by implication as:

• Physical contact and advances
• A demand or request for sexual favors
• Sexually colored remarks
• Showing pornography
• Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Preventive Steps

Sexual harassment should be affirmatively discussed at workers' meetings, employer-employee meetings and related forums. Guidelines should be prominently displayed to create awareness about the rights of female employees. The employer should assist persons affected in cases of sexual harassment by outsiders.

Central and state governments must adopt measures, including legislation, to ensure that private employers also observe the guidelines. Names and contact numbers of members of the complaints committee must be prominently displayed.

Criminal Proceedings

Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.

It should ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. Victims should have the option to seek transfer of the perpetrator or their own transfer.

Disciplinary Action

Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules.

Complaint Mechanism

Whether or not such conduct constitutes an offence under law or a breach of service rules, an appropriate complaint mechanism should be created in the employer’s organisation for redress of the complaint made by the victim. Such complaint mechanism should ensure time-bound treatment of complaints.

The complaint mechanism should provide, where necessary, a Complaints Committee, a special counsellor or other support service, including maintenance of confidentiality. The Complaints Committee should be headed by a woman and not less than half of its members should be women.

To prevent the possibility of undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body familiar with the issue of sexual harassment. The committee must make an annual report to the concerned Government department on complaints and action taken.

Worker’s Initiative

Employees should be allowed to raise issues of sexual harassment at workers’ meetings and in other appropriate forums, and the subject should be affirmatively discussed in employer-employee meetings.

Awareness

Awareness of the rights of female employees in this regard should be created, in particular by prominently notifying the guidelines and appropriate legislation in a suitable manner.

Third Party Harassment

Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.

The Central and State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down are also observed by employers in the private sector. These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993.