|Category||Right to Work|
|Date of Judgment||13-08-1997|
|Link / Attachment||View Attachment|
The case was presented by the Human Rights Law Network (HRLN) to the Constitutional Court in light of the non-enforcement of a previous decision that established guidelines against sexual harassment at the work place in India: Vishaka vs. State of Rajasthan (6SCC 241, 1997). In its 2012 decision, the Supreme Court of India repeats the Vishaka guidelines issued by the Court in 1997, stressing additional measures that should be adopted for their enforcement: States and Union Territories must amend their respective Civil Services Conduct Rules and Industrial Employment Rules to recognize that reports issued by Complaints Committees are considered to be findings in for disciplinary inquiries against “delinquent employees”; States and Union Territories must constitute an “adequate number” of Complaints’ Committees to ensure that they function at taluka level, district level and state level; and State functionaries and private and public sector institutions shall create mechanisms to ensure the full implementation of the Vishaka guidelines.
3.Visakha Guidelines http://www.curaj.ac.in/PDF/anti%20sexual%20harrassment%20cell/VishakaGuidelines.pdf
4. Bill on Sexual harassment at workplace , India https://www.escr-net.org/sites/default/files/Sexual-Harassment-at-Workplace-Bill-2012.pdf
The Court established a timeframe of two months for the enforcement of its 2012 decision. It also clarified that non-compliance or non-adherence to the Vishaka guidelines and orders of the Supreme Court following Vishaka would allow aggrieved persons to approach the respective High Courts in their particular States.