Safety from sexual harassment at work

CaseVishaka v. State of RajasthanCourtSupreme Court of IndiaDecided13 Aug 1997Bench3 judges
In one line

Every employer must protect women from sexual harassment at the workplace.

What happened

A woman social worker in Rajasthan was sexually assaulted after she tried to stop a child marriage. Women’s groups filed a petition asking the Supreme Court to protect working women, as there was no law on workplace harassment.

What the court decided

  • Sexual harassment at the workplace violates the rights to equality, to work and to live with dignity.
  • The court laid down the “Vishaka Guidelines”: employers must prevent harassment and set up a complaints committee headed by a woman.
  • These guidelines were binding until Parliament made a law.

What it means for you

  • Parliament later passed the POSH Act, 2013, based on these guidelines.
  • Every workplace with 10 or more employees must have an Internal Committee and a POSH policy.
  • A complaint can be made to the committee; employers who ignore the law can be fined.

Source: Judgment of the Supreme Court of India in Vishaka v. State of Rajasthan, decided on 13 Aug 1997.

POSH Policy (Prevention of Sexual Harassment)Drafted & signed by an advocate · Within 24 hours

This summary is general information, not legal advice for your situation. Laws change; talk to an advocate before acting.

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