supreme court qualifications

Currently, there are no legislative or legal policies against harassment and sexual abuse in the workplace. Sexual harassment includes any unwelcome sexually determined behavior intercourse, including color remarks, verbal or nonverbal conduct of a sexual nature. In the absence of a law enacted to facilitate the effective implementation of equal ensure gender and sexual harassment, the Supreme Court of India (in terms of Vishaka and Othr. v. State of Rajasthan), has established certain guidelines and standards for the proper performance in all workplaces whether 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 enforceable in law until suitable legislation is enacted by the Parliament of India.

Some of the important standards prescribed in the guidelines are:

Preventive measures and awareness:

All employers or persons responsible for both workplace public and private sector are required to take appropriate measures to prevent sexual harassment in the organization and perform the following steps:

Must have an express prohibition of sexual harassment in the workplace and this prohibition should be notified, published and distributed properly, so that awareness of the rights of working women are created in the company. For example, the company can incorporate the policy on sexual harassment in the Employee Handbook / Manual and make it available each of its employees in his / her joining the company services. For employees who are already working with the company, management can distribute version revised and amended Employee Handbook (which contains the policy against sexual harassment) or do it online available on the intranet. It is advisable to seek acknowledgment of receipt of Manual employees. If management has concerns regarding the publication of the policy in prominent places on the charts of the company, the inclusion of the policy in the Employee Handbook and the circulation of this manual for each employee must be conducted.

Adequate working conditions are provided in work, leisure, health and hygiene to further ensure that no hostile environment towards women at workplaces and no female employees who have reason reasonable to believe that she is disadvantaged in connection with their employment.

The appropriate disciplinary action should be initiated by the Company in the event of misconduct.

Grievance Committee:

An appropriate reporting mechanism to be created to repair the irregular by the employee. The complaint mechanism should be sufficient to provide, if necessary, a Complaints Committee, a special adviser or service support.

The Committee Complaints should be directed by a woman and not less than half of its members should be women. Moreover, to avoid the possibility of any undue pressure or influence from senior levels, these complaints committee need to involve a third party, whether NGOs or any other body who is familiar with the issue of harassment sexual.

The Complaints Committee must submit an annual report to the government department concerned of the complaints and actions taken by them.

Employee Initiative:

Employees should be allowed to raise issues relating to sexual harassment at employee meetings and other appropriate fora and should be discussed in the affirmative employer employee meetings.

Given the above guidelines, the company should respect these rules and distribute guidelines against sexual harassment, may be as part of its Employee Handbook and to ensure compliance with established guidelines on the issue of Vishaka and Othr. v. State Rajasthan in the Supreme Court of India.

Seema Jhingan (the author) is a partner with LexCounsel, Offices of Lawyers, a firm based in New Delhi.

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