Chapter 2

Principles laid down in the landmark Vishaka Judgment

“A woman is like a tea bag—you never know how strong she is until she gets in hot water.”
Eleanor Roosevelt
Inequalities between men and women and discrimination against women have also been
age-old issues all over the world. Women have demanded equality with men in matters of
education, employment, inheritance, marriage, politics and recently in the field of religion also
to serve as cleric (in Hinduism and Islam). Women want to have for themselves the same
strategies of change which men folk have had over the centuries such as equal pay for equal
work.
The influence of women is marked in every page of Hindu history, right from the most remote
periods. What led to the epic wars? Whether it is the abduction of Sita or the insult of Draupadi
always the causes which overturned kingdoms committed to the scepter and the pilgrim’s staff
and formed the ground work of all the grand epics, were women.
The position and status of women all over the world has risen incredibly in the 20th
century. A long struggle going back over a century has brought women the property rights,
voting rights, an equality in civil rights before the law in matters of marriage and employment
(in India women had not to struggle for voting rights as we find in other countries).
In addition to the above rights, in India, the customs of purdah (veil system), female
infanticide, child marriage, sati system (self-immolation by the women with their husbands),
dowry system and the state of permanent widowhood were either totally removed or checked
to an appreciable extent after independence through legislative measures.
In today’s world where everyone is talking about the empowerment of women and
making them visible on the Boards of Organizations/Companies and at other higher echelons
etc., however, on the flip-side we find that women are not safe even at their work place, where
all employees work as a team/family to attain the ultimate goal of the organization, in line with
the vision and mission statement. There is not even an iota of doubt that women of the new
generation are doing better at jobs, but at the same time harassment caused to them is the
greatest threat to the amount of success, women can aspire to achieve. Looking back at the
concept of “Industries” in India which began somewhere in 18th century basically focused on
involvement of the family members of a family and as such no rules and regulations had been
framed during that time. It was only after the expansion of industries in India which mainly
focus on the Khadi Gram Udyog, Sugarcane Industries, Cotton Industries etc .The Factories
Act 19481, came into force on 1.4.1949 and is applicable to whole of India including Jammu
and Kashmir which focuses on condition of employment of an Industrial worker. Its prime
objective was protecting workmen employed in factories against industrial and occupational
hazards. It focused on regulating the working hours, weekly off, provisions regarding ladies
and children. It imposes upon the owners and occupiers obligations to protect the workers. It
had been amended in 1911, 1923, 1935 & 1987. But the important amendments were made in
1948, which included safety of working place & machinery, health provision working hours,
weekly off, paid leave, etc.
Though the framers have at that time considering the involvement of women in the
industries have framed Section 66 of the Factories Act, 1948 considering the natural challenges
a women needs to bear and the emotional created challenges which she might have to bear
while working in an organisation.
Section 66(1) (b) of the Factories Act prohibits employment of women in factories
between 7 pm and 6 am. V Rajeswari, a worker of Viswabharathi Textiles Ltd,
Vadamurai,2 pleaded in the High Court regarding the constitutional validity of such a
provision which not only infringes into the freedom of women to work but also discriminates
the interests of women folk in the liberalised scenario of globalisation.
A single Judge of the Madras High Court held Section 66 (1)(b) to be unconstitutional
in 2002, the decision was challenged by Tamilnadu Labour Department and the Chief Inspector
of Factories. In their appeal, the departments argued that such a provision was provided for in
the Factories Act considering the safety, security and lack of transport facilities during night
hours.
A Division Bench, comprising Justices C. Nagappan and M.M. Sundresh, has now
delivered the judgment while dismissing an appeal by the Tamil Nadu Labour Department and
the Chief Inspector of Factories upholding the single Judge’s Order of 2002.
While there are provisions under the Act to seek exemption for late night working, it is
not easy to obtain exemption from the Factories Department since they come with many a
riders. A few of them require that women should only work in groups and in close proximity,
special security arrangements to be provided, transportation arrangement to be given where a
female employee should not be the last one to be dropped. While these requirements have the

1
Factories Act, 1948
2
Madras High Court 2001
larger interest of women in consideration, the employers would always think of a cheaper and
safer mode of labour; men.
1.1 Impact of the enactment
Sexual harassment has been a societal issue and this also has a repercussion on
organizations where women and men work. When one interacts at the work place with women
and men to gather information about their experience on this topic, it is mostly the women who
mention that they have had some unpleasant experience, at certain stage in life, which could
have also involved eve teasing by some persons not necessarily at the workplace.
With the involvement of the women at max at the labour market in the organized sector,
sexual harassment cases are increasingly coming to light, with some cases being reported by
the media and also presently the younger age women being bold in bringing forward the cases
to the management of the organization and not remaining silent. The media in India has played
a major role in highlighting certain cases of sexual harassment involving high ranking
individuals in organizations/society.
Organizations need to ensure building a work culture where there is respect and dignity
of every individual, female or male that comes to work and hence the need to ensure not only
prohibition but prevention including an effective method of Redressal of sexual harassment at
workplace, hence the need to have a policy on zero tolerance. There are enterprises which
presently specify a formal dress and behavior code for all the employees at workplace, so as to
prevent occurrence of sexual harassment cases.
Sexual harassment regarded as violation of Fundamental rights- The Apex Court
first recognized Sexual Harassment at the Workplace as a violation of fundamental rights in
Vishaka v State of Rajasthan3, Acts of “unwelcome sexually determined behavior” are said to
be harassing when they are humiliating and may constitute a health and safety problem “in
relation to [the victim’s] employment or work.”. This means the complainant has to prove a
nexus between the acts of harassment and her employment. The fact that the humiliating
conduct took place in the workplace or while the complainant was engaged in a work-related
place in the workplace or while the complainant was engaged in a work-related activity or the
fact ‘that the sexually harassing acts were perpetrated by a person with whom the complainant
had to frequently interact at the workplace, would be sufficient to establish the relationship of
the conduct to the employment4

3
(1997)6 SCC 241
4
Sexual Harassment at the Workplace, edited by Indira Jaisingh, Edition 2004
 The ancient Judo-Christian Society regarded women as “a scorpion ever ready to
sting”, and pagan Arab saw in her the devil’s whip. The Indian regarded women social evil to
be burnt at pyre of her husband. Now-a-days, however, women have broken their ill-social
shackles and are ready to face the contemporary challenges without any help and hesitation
and, consequently, March 8, is normally observed and celebrated in several countries, including
India, as a mark of integrated achievements towards the equality of rights, status and dignity
of women and their equal participation in economic, social and cultural development in
contemporary world scenario.
Women constitute about one-half of the global ratio but they are at various
disadvantageous positions due to gender difference and bias. They have been the victims of
violence and exploitation by the male society all over the world. Ours is a tradition- bound
society where women have been socially, economically, physically, psychologically and
sexually exploited from time immemorial, sometimes in the name of religion, sometimes on
the pretext of writings, in the scriptures and sometimes by the social sanctions. The concept of
equality between male and female was almost unknown to us before the enactment of the
Constitution of India5. Of course, the Preamble of the Constitution, which is the supreme law
of the land, seeks to secure to it citizens including women folk, justice, social, economic and
political, liberty of thought, expression , belief faith and worship, equality of status and
opportunity, and promote fraternity assuring the dignity of the individual.
The Apex Court has ruled that “An enforceable right to compensation is not alien to the
concept of enforcement of a guaranteed right, as a public law remedy under Article 32 distinct
from the private law remedy in torts. There is no reason why these international conventions
and norms cannot, therefore, be used for construing the fundamental rights expressly
guaranteed in the constitution of India which embody the basic concept of gender equality in
all sphere of human activity”.6
1.2 Main Highpoints of Vishaka Judgment
• Gender parity includes safety from sexual pestering and right to work with dignity as
per our constitution.
• The Extra hazard for a working woman compared her male colleague is clear
infringement of the fundamental rights of Gender parity & Right to Life and Liberty.
• Safe working environment is fundamental right of working woman.

5
The Constitution of India, 1950
6
Nilabaji Behera v State of Orissa AIR 1993 SC 1960
• In no way working women may be discriminated at workplace against male employees.
(If a woman is, then it must be documented in company policies, for example limitation of
women in police and armed forces)
• Working with full dignity is the fundamental right of working women.
• The right to work as an absolute right of all working women
• The right to security of health and to safety in working conditions, including the
safeguarding of the function of reproduction (pregnancy, maternity & nursing etc) is
fundamental right of working women.
1.3 Facts of the case
Bhanwari Devi is dalit social-worker from Bhateri, Rajasthan, who was allegedly gang
raped in 1992 by higher-caste men infuriated by her efforts to put a stop to child marriage in
their family. Her following treatment by the police, and court acquittal of the accused, attracted
widespread national and international media attention, and became a landmark episode in
India’s women’s rights movement.
The Gender bias at that point of time prevalent in Indian Judiciary at that point of time
that is shown with the verdict in Bhanwari Devi case. Judge Jagpal Singh’s in his 26 page
verdict has stated that “It isn’t possible in Indian culture that a man who has taken a vow to
protect his wife, in front of the holy fire, just stands and watches his wife being raped, when
only two men almost twice his age are holding him.”
The Verdict also states that “the accused, there were three brothers and an uncle, and
it’s highly improbable that an uncle and his nephews would commit rape together.”
The judge also observes that gangs in rural areas are not usually multi-caste and,
therefore, the accusation that they acted together is highly impossible. Moreover, he endorses
the defence counsel’s view that Indian rural society couldn’t have sunk so low that a villager
would lose all sense of age and caste and “pounce upon a woman like a wolf”.
The Statement like these by the Judge has prompted women’s organizations to brand it
the “personification of gender bias in the judiciary”. This lead a women’s rights group called
‘Vishaka’ that filed PIL in the Apex Court of India.7
2. View of the Apex Court on Sexual Harassment
Although much has been believed to be done in the past several years about sexual
harassment at the workplace, it is apparent that this evil is still rampant in the world. The Apex
Court has given following observation in Vishaka Judgment which is as follows:-

7
Vishaka and others v State of Rajasthan. AIR 1997 SC 3011
 “We are also aware that in compliance with the Vishaka Judgment, universities such
as the Jawaharlal Nehru University and the University of Delhi have formulated policies and
constituted mechanism to prevent and redress complaints of sexual harassment. We have taken
note of the suggestion that those universities whose anti-sexual harassment policy rules and
committee mechanism meet the standards of Vishakha are proposed to be exempted from the
purview of the Sexual Harassment Bill, 2012, as these committees are more democratic and
are better related to ensure prevention and prohibition of sexual harassment in educational
institutions. We do notice that there is an anomaly in the Bill that it does not include within its
ambit the students of universities, colleges or schools. We will deal with other shortcomings of
the proposed Bill subsequently.” The petitioner here sought to enforce the fundamental rights
of working women. The said petition wanted an enforcement of Articles 14, 19 and 21 ‘in view
of the prevailing climate in which the violation of these rights is not uncommon.’ Unfortunately,
despite the guidelines of the Supreme Court in Vishakha, there is no practical evidence to put
forward that the conditions of working women have specifically improved in the recent past.
The Court, in Vishakha, took notice of Articles 15 and Article 42 of the Constitution.
We would like to emphasis Article 42:- “The State shall make provision for securing just and
humane conditions of work and for maternity relief.”
Article 42, naturally, needs to be interpreted alongside other provisions which are
contained in the fundamental rights and the Preamble and it emphasizes, in the light of the
preamble of values, that “the State is meant to be caring and compassionate about those who
are under privileged or those who are disadvantaged and those who may not even need special
provisions but may insist upon the simple compliance with constitutional guarantees.”
“We do take note of a shift in the manner in which the women’s organizations have
presented themselves as a ‘rising community’, a more conscious and aware community , and
not wanting the ‘succour’ of any special provisions. Women want constitutional guarantees to
be simply and plainly enforced and we think that it is the duty of the State to make special
provisions to ensure that they are granted. We would like to reiterate that the Indian society is
a sovereign, socialist, secular and a republic. The words ‘socialist’, ‘secular’ and ‘republic’
bear great meaning. We are therefore of the opinion that the Indian State appears to have been
out of tune with its own Constitution. It does not view that the State is meant to be a just and a
humane State where it cares for the rights of citizens. We also would like to say that in the
discourse of rights, we are aware that there must be economic policies which actually take
forward growth but not at the expense of the obligations of the state towards the poor.”
 Article 51 of the Constitution provides that “the State shall endeavor to foster respect
for International Law and treaty obligations in the dealings of organized people with one
another.”
Article 253 of the Constitution which provides that “Parliament can legislate for the
whole or any part of the territory of India for implementing any treaty. Agreement or
Convention with any other country or countries or any decision made at any international
conference association or other body.”
“We also would like to point out that Entry 14 of List 1 provides that Parliament can
enter into treaties and agreements with foreign countries and implement treaties, Agreements
and Conventions with foreign countries. We are also of the opinion that such International
Conventions which are consistent with fundamental rights and in harmony with its spirit, must
actually read into the provisions of the fundamental rights because they actually impart clarity
and perhaps more vigour to the content of the Article. We also notice that under Article 51(c )
of the Constitution and under Article 253 read with Entry 54, the power of Parliament to enact
laws to implement International Conventions exists.”
“We also notice therefore that we have a large number of provisions in the Constitution
that mandate the State and its various organs to guarantee gender equality. If laws have to give
effect to the same, it is necessary that laws which involve crime against women must also be
sufficiently structured to give effect to these guarantees.”
In Vishakha, it was observed that :-
“Gender equality includes protection from sexual harassment and right to work with
dignity, which is a universal recognized basic human right. The common minimum
requirement of this right has received global acceptance. The International Conventions and
norms are, therefore, are of great significance in the formulation of the guidelines to achieve
this purpose.”

In a certain sense, the judiciary is also the enforcing authority for Fundamental Rights.
In Vishakha, the principles of independence of the judiciary were also referred to and in
particular the objective and function of the judiciary was stated as follows :-
“To ensure that all persons are able to live securely under the Rule of Law; to promote
within the proper limits of the judicial function, the observance and attainment of human rights;
and to administer the law impartially among persons and between persons and the State.”
 In this context, we must add a note about the Lower Judiciary in the words of the
Commissioner appointed by the Supreme Court in Sheela Barse8 (infra):
“Usually the most important encounter which the citizen has with the law is at the
primary level. This level, in fact, frightens many citizen’s and has given a feeling of
helplessness that the Administration of Law does not necessarily lead to justice in the
predominance of Truth. Even the secondary and the Tertiary level Courts i.e. the High court
and the Supreme Court to function, they too depend upon the impressions of the primary level
Courts. Thus, if an error creeps in there, becomes an error which may not perceptible of
correction by the secondary and the Tertiary levels.”
The Vishakha judgment made it clear that “gender equality and the right to a secure
workspace was part of the Fundamental Rights guaranteed under the Constitution, and that it
was the duty of the judiciary to ensure (as a part of the Constitutional machinery) that the State
enforced these rights, especially in view of the nation’s obligation to comply with covenants of
international treaties and conventions.”
It is essential that the legal system must also work together in enhancing the reliability
and confidence of people in the Rule of Law. We are of the paramount self-belief that judiciary
will show the way by example and will make sure that swift justice to rape victims is given.
We must point out that apart from the various suggestions which we have prepared for the
safety of the juveniles including the females and children who are rescued from trafficking, we
are of the view that the insufficiency of judicial personnel, which is cited as a ground for non-
expeditious disposal of cases can be instantly and successfully addressed in the following
manner :

(a) “Retired Judges of the Supreme Court, High Court and the District Courts could be
appointed as ad-hoc Judges to expeditiously dispose pending cases;
(b) Parliament should consider equalization of age of retirement of the subordinate
judiciary, the High Court and the Supreme Court so that manpower will be immediately
available;
(c) Infrastructure for ad hoc Judges can be easily identified in respect of unutilized
government buildings and be made available.
(d) Adjournment should not be allowed as a matter of course in respect of cases specially
fixed for hearing before the ad hoc Courts, or even before regular Courts.

8
Sheela Barse & Ors vs Union Of India & Ors on 13 August, 1986
(e) Public Prosecutors should be appointed on the basis of merit in accordance with the
recommendations made by the Chie Justice of the High Court and not on the basis of
any political considerations.
(f) Cases of rape and sexual assault should be tried by women prosecutors, and, to the
extent possible, by women judges. In any event, all Judges of the subordinate and
higher judiciary should receive training in gender sensitivity.”

The Apex Court in Nilabati Behera v State of Orissa & Others9 held that “an
enforceable right of compensation was also a part of the enforcement of guaranteed rights.
Thus, what can happen in respect of an offence like rape is that there could be not only an
offence as defined in the IPC but simultaneously there would be a constitutional violation of
Articles 14, 19 and 21 and which would also enable the victim to claim right to compensation.
We are of the view that a right to claim compensation will lie against the State in the event the
State is unable to secure safe conditions/safe spaces for women. It is under these circumstances
that the norms and guidelines were actually prescribed in Vishakha by the Supreme Court.”

In 2000, in Municipal Corporation of Delhi v. Female Workers 10 Muster Roll, we

notice the conditional position vis-à-vis the Indian reality noted by the Supreme Court:
“Not long ago, the place of a woman in rural areas has been traditionally her home;
but the poor illiterate women forced by sheet poverty now come out to seek various jobs so as
to overcome the economic hardship. They also take up jobs which involve hard physical labour.
The female workers who are engaged by the Corporation on muster roll have to work at the
site of construction and repairing of roads. Their services have also been utilized for digging
of trenches. Since they are engaged on daily wages, they, in order to earn their daily bread,
work even in advance stage of pregnancy and also soon after delivery, unmindful of detriment
to their health or to the health of the new born. It is in this background that we have to look to
our Constitution which, in its Preamble, promises social and economic justice.”
Dealing with this Article vis-à-vis the Labour Laws, The Apex Court in Hindustan
Antibiotics Ltd v Workmen11, has held that “labour to whichever sector it may belong in a
particular region and in a particular industry will be treated on equal basis. Article 15 provides
that the State shall not discriminate against any citizen on grounds only of religion, race, caste,

9
(1993) 2 SCC 746
10
AIR 2000 SC 1274
11
1967 AIR 948, 1967 SCR (1) 652
sex, place of birth or any of them. Clause (3) of this Article provides that (3) Nothing in this
article shall prevent the State from making any special provision for women and children.
Article 38 provides that the State shall strive to promote the welfare of the people by securing
and protecting, as effectively as it may, a social order in which justice, social, economic and
political shall inform all the institutions of the national life. Sub-clause (2) of this Article
mandates that the State shall strive to minimize the inequalities in income and endeavor to
eliminate inequalities in status, facilities and opportunities.”
In our considered view, the time has come when women must be able to feel liberated
and emancipated from what could be fundamentally oppressive conditions against which an
autonomous choice of freedom can be exercised and made available by women. Thus, we
notice the guaranteeing of the private space to the women, which is to choose her religious and
private beliefs and also her capacity to assert equality which is in the public space is vitally
important. Very often, a woman may have to assert equality vis-à-vis her own family and that
is why it is necessary to understand the subtle dimension of a woman being able to exercise
autonomy and free will at all points of time in the same way a man can. This, we will later see,
is sexual autonomy in the fullest degree.

3. Evolution of the Sexual Harassment of Women at Workplace in India

It took India a struggle for the development and evolution of the Sexual Harassment
rights against women at workplace about 16 years by great scholars and activists in India. The
framers of the Act have a notion that the females who had been not treated in justified manner
or in other way are treated like objects which can be purchased and sold shall be exploited more
in the society and as such safeguards to be provided to them.
The Constitution of India not only grants parity to women but also empowers the State
to adopt measures of positive discrimination in favour of women for neutralizing the increasing
socio economic, education and political disadvantages faced by them. Fundamental Rights,
among others, guarantees parity before the law and equal protection of law; prohibits
discrimination against any citizen on grounds of religion, race, caste, sex or place of birth, and
guarantee equality of opportunity to all citizens in matters relating to employment. Articles 14,
15, 15(3), 16, 39(a), 39(b), 39(c) and 42 of the Constitution are of specific importance in this
regard.
Indian Parliament has enacted Sexual Harassment of Woman at Workplace
(Prevention, Prohibition and Redressal) Act, 2013, which had laid down ‘Code of Conduct for
Workplace’, was the result of a Public Interest Litigation filed to enforce the fundamental rights
of working women under Articles 14, 19 and 21 of the Constitution of India. The said PIL was
filed after Bhanwari Devi, a social worker in Rajasthan was brutally gang raped for stopping a
child marriage. The Supreme Court decided that the consideration of “International
Conventions and norms are significant for the purpose of interpretation of the guarantee of
gender equality, right to work with human dignity in Articles 14, 15, 19(1)(g) and 21 of the
Constitution and the safeguards against sexual harassment implicit therein.” It is significant to
note that before 1997 there was no stringent law in India to deal with the cases of sexual
harassment. Women facing sexual harassment had to lodge their complaint under Section 354
or under Section 509 of the Indian Penal Code (“IPC”) and often they faced the negligence and
mischief of police officers in filing their complains.
3.1 Constitutional Privileges
The constitution of India empowers following privileges to a women in India:12-
(i) Equality
(ii) The State not to differentiate against any national on grounds only of belief, race, class,
gender, place of birth or any of them. (iii) The State to make exceptional provisions in favour
of women and children (iv) equal opportunity for all citizens in matters relating to service or
selection to any office under the State.
(v) The State to direct its policy towards securing for men and women evenly the right to
sufficient means of livelihood; and equal pay for equal work for both men and women.
(vi) To promote fairness, on the basis of equal opportunity and to offer free legal aid by
appropriate legislation or system or in any other way to make sure that opportunities for
securing justice are not deprived of to any citizen by reason of financial or other disabilities.
(vii) The State to make proviso for securing immediately and benevolent environment of work
and for maternity assistance
(viii) The State to endorse with special care the educational and financial interests of the weaker
sections of the citizens and to guard them from social injustice and all forms of mistreatment
(ix) The State to increase the level of nourishment and the standard of livelihood of its citizens
(x) To promote harmony and the spirit of common brotherhood amongst all the people of India
and to renounce practices derogatory to the dignity of women .
(xi) Not fewer than one-third (including the number of seats reserved for women belonging to
the Scheduled Castes and the Scheduled Tribes) of the overall number of seats to be filled by

12
The Constitution of India 1950
direct voting in every Panchayat to be kept for women and such seats to be selected by rotation
to different constituencies in a Panchayat.
(xii) Not less than one- third of the total number of offices of chairperson in the Panchayats at
every level to be kept for women.
(xiii) Not less than one-third (including the number of seats reserved for women belonging to
the Scheduled Castes and the Scheduled Tribes) of the entire number of seats to be filled by
direct voting in every Municipality to be kept for women and such seats to be selected by
rotation to dissimilar constituencies in a Municipality.
(xiv) Reservation of offices of chairperson in municipality for the Scheduled Castes, the
Scheduled Tribes and women in such manner as the government of a State may by rule make
available.
3.2 The Equal Remuneration Act, 1976,
Alongside the above provisions, another focusing on the concept of “Equal Pay for
Equal Work” has also been framed. The Equal Remuneration Act, 1976 was enacted with the
object “to provide for equal remuneration to Men and Women workers for prevention of gender
discrimination against women in matters of employment.” The Act was intended to enact by
Parliament on twenty seventh year of Republic of India. Article 39 of the Indian Constitution
requires “State to direct its policy for securing equal pay for equal work for men and women.”
Aim and object of the Act: - “aims to provide for the payment of equal remuneration
to men and women workers and for the prevention of discrimination, on the ground of sex,
against women in the matter of employment and for matters connected therewith or incidental
thereto.”
According to the Act, the term ‘remuneration’ means “the basic wage or salary and any
additional emoluments whatsoever payable, either in cash or in kind, to a person employed in
respect of employment or work done in such employment, if the terms of the contract of
employment, express or implied, were fulfilled”.
The Act has also been restricted in cases:-
(i) To cases affecting the terms and conditions of a woman’s employment in complying
with the requirements of any law giving special treatment to women; or
(ii) to any special treatment accorded to women in connection with the birth or expected
birth of a child, or the terms and conditions relating to retirement, marriage or death or to any
provision made in connection with the retirement, marriage or death.In India, The Ministry for
Women & Child Development was established as a department of the Ministry of Human
Resource Development in the year 1985 to drive the holistic development of women and
children in the country.
The concept of women empowerment has become a burning issue all over the world
including India since last few decades. Many agencies of United Nations in their reports have
emphasized that gender issue is to be given utmost priority. It is held that women now cannot
be asked to wait for any more for equality. Considering which it has become of utmost
importance to site out that the women entrepreneurs, encompass approximately 1/3 of all
entrepreneurs worldwide.
3.3 Other Social Enactments
Before the 20th century, women operated businesses as a way of supplementary
income. In many cases, they were trying to avoid poverty or were replacing the income from
the loss of a spouse. At that time, the ventures that these women undertook were not thought
of entrepreneurial nature. Following which it had been in a number of situations too that the
females had to bow down due to their domestic responsibilities. The society has tried to put a
barrier on the employment of women by the introduction of the Maternity Act 1961. Though
the Act serves to be a social benefit in case of claiming of Maternity Benefits in form of leaves,
salary, employment etc but certain provisions under the Act have made it difficult for an
employer to deploy a female employee in his organisation.
Women became more involved in the business world only when the idea of women in
business became palatable to the general public; however, this does not mean that there were
no female entrepreneurs until that time. With the change in the scenario of employment, there
has been simultaneous change in the human psychology whereby one side the society has been
supporting the concept of women employment but on the other hand there has been an increase
in the wrongs towards women. These wrongs may be social, emotional or physical hampering
the courage of the female to work with ease in the society. Thus in this we hour, it became
necessity to establish such laws for the progress and protection of women in the society.
Except the above in India, the series of liberal and progressive sounding legislation
affecting women enacted in our country over the period of the last two decades, are the outcome
of continuous struggles launched by women’s group, sensitive lawyers and democratic right
groups. These legislations and decisions of various cases who guaranteed social justice to
Indian women and helps in the ongoing schemes and strategies for empowerment of Indian
women………….
 The Immoral Traffic (Prevention) Act, 1956
  The Dowry Prohibition Act, 1961
 The Indecent Representation of Women (Prohibition) Act, 1986
 The Commission of Sati (Prevention) Act, 1987
 Protection of Women from Domestic Violence Act, 2005
 The Pre-Natal Diagnostic Techniques (Regulation and Prevention of misuse) Act 1994
 The Companies Act 2013:-The Securities and Exchange Board of India vide its circular
dated 17th April, 2014 made it mandatory for all the listed companies to appoint at least
one Woman Director on their Board of Directors by 31st March, 2015 in alignment
with the requirement of Section 149 of the Companies Act, 2013, under corporate
governance norms. Every other public company having paid up share capital of Rs. 100
crores or more or turnover of Rs. 300 crore or more as on the last date of latest audited
financial statements, shall also appoint at least one woman director within 1 year from
the commencement of second proviso to Section 149(1) of the Act.
 The Criminal law (amendment) Bill, 2013:- This legislation is the result of protest
against Delhi rape case also known as Nirbhaya case. This legislation provides
amendment in Indian penal code, Code of Criminal Procedure and Indian evidence act
on laws related to sexual offences. This bill introduces and amended offences like acid
attack, act with intent to disrobe a women, voyeurism, stalking & sexual harassment
into the Indian penal code.
 Women’s Reservation Bill (The Constitution 108th Amendment Bill) it proposes to
amend the Constitution of India to reserve one third of all seats in the Lok Sabha, and
in all state legislative assemblies for women. The Rajya Sabha passed the bill but the
Lok Sabha has not yet voted on the bill. This will be helpful in increasing the political
participation of women.
 The Equal Remuneration Act, 1976: This major piece of legislation deal with the equal
rights in employment for women workers. This act was implemented in the
International women’s year on the demand for equality in employment voiced by
working women.
Though the rule of gender parity has been enshrined in the Indian Constitution in its
preamble, fundamental rights, fundamental duties and directive principles of state policy, but
despite such unambiguous equal rights given to both men and women Indian society is always
male dominated. The work place is a setting where gender inequalities are easily noticed. Men
always get the top positions in companies whereas working women are frowned upon.
 Tuka Ram And Anr vs State Of Maharashtra13 Popularly known as the Mathura rape
case was an incident of custodial rape. Mathura, a young tribal girl, was allegedly raped by two
policemen on the compound of Police Station. But the Supreme Court acquitted the accused,
and the decision resulted the big public outcry and protest, which eventually led to amendments
in Indian rape law via The Criminal Law (Second Amendment) Act 1983 (No. 46) .
Air India Vs Nargesh Meerza,14 This case deals with the women’s right to equality.
In this case the Supreme Court struck down the clause of retirement of air hostess on attaining
35 years of age or on marriage within first 4 year of service or on first pregnancy as being
arbitrary and unreasonable and clearly violative of article 14 of Indian Constitution.
Mohammad Ahmed Khan Vs Shah Bano Begum,15 Popularly known as the Shah Bano
case, a penurious Muslim woman claimed for maintenance from her husband under section 125
of the code of the criminal procedure after she was given triple talaq from him. The Supreme
Court held that the Muslim women have a right to get maintenance from her husband under
section 125. After the decision, nationwide discussions, meetings and agitations were held.
Then Rajiv Gandhi led government overturned the Shah Bano case decision by way of Muslim
women (Right to protection on divorce) act, 1986, which curtailed the right of a Muslim women
for maintenance under section 125 of the code of criminal procedure.
Mackinnon Mackenzie Vs Audrey D’costa,16 The first major judgment on the Equal
Remuneration act had been delivered by the Supreme Court in this case. In this case Audrey a
lady stenographer sued her company under equal remuneration act as she was paid less than
the male stenographer.
Sarla Mudgal Vs Union of India 1995,17 This case brought to lime light, the gross
exploitation of personal laws of women. In this instance, a Hindu male, married under the
Hindu law, desirous of taking on a second wife, converted to Islam. After the second marriage
he reverted to Hinduism. Second wife pleaded that she had no protection under either of the
personal law. In view of this case the Supreme Court directed the union government to
implement uniform civil code.

13
1979 AIR 185, 1979 SCR (1) 810
14 .
(1981) 4 SCC 335
15
1985 AIR 945, 1985 SCR (3) 844
16
Mackinnon Mackenzie Vs Audrey D’costa1987 AIR 1281
17
Sarla Mudgal Vs Union of India 1995 AIR 1531, 1995 SCC (3) 635
 Vishaka Sawhney vs. State of Rajasthan, 18 This is the very famous case and the alarm
raiser for the need of such act which can prevent the women from sexual harassment at the
work place.
In this landmark judgment the supreme case held that “sexual harassment at work place
is a violation of article 15 and 21 of the constitution and he laid down the exhaustive guidelines
to prevent sexual harassment of working women in places of their work until a law is passed
for this purpose.”
Recently in 2013 The Sexual Harassment of Women at Workplace (PREVENTION,
PROHIBITION and REDRESSAL) Act, 2013 was passed by the parliament of India.
Along with the same, India had adopted international laws and treaties on women’s
right, the United Nations has helped to set a common standard for measuring how societies
advance equality between men and women. Among such treaties are
 The convention on the political rights of Women (1952)
 The convention on the nationality of Married Women (1957)
 The convention on recovery abroad of maintenance (1956)
 The convention on the consent of marriage (1962)
 The convention on the elimination of all forms of discrimination against women (1979)
 In addition to these treaties United Nations also observed 1975 as International
women’s year.
After due hearing, in 1997 Supreme Court finally laid down the guidelines to deal with
the sexual harassment at work place which is now popularly known as the Vishakha Guidelines.
Supreme Court had held, “These directions (Vishaka guidelines) would be binding and
enforceable in law until suitable legislation is enacted to occupy the field.” Though Vishaka
Guidelines were a remarkable victory in the history of India but the need for more severe law
was indispensable. Demands for a stable and stringent law were raised from various forums
constantly but the draft bill had been languishing in the Parliament for a long time.
The crime against women is rising every year and the existing law is found to be
insufficient to deal with the issue but the infamous Delhi gang rape on 16th December, 2012
came as another jolt to the safety and security of the women and it further revolutionized the
demand for legal reforms, towards their safety and security. As a result “the Sexual Harassment

18
Vishaka Sawhney Vs State of Rajasthan AIR 1997 SC 3011, (1998)
of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013” (“the Act”) and
“the Criminal Law (Amendment) Act, 2013” has been legislated.
The Government of India finally passed its act on prevention of sexual pestering against
female employees at the workplace. “The Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013” has been made effective on April 23, 2013
by way of publication in the Gazette of India.
Amendment in Criminal Law Act
The Criminal Law (Amendment) Act, 2013 brings important amendments in the Indian
Penal Code, making sexual harassment an expressed offence under Section 354A of Indian
Penal Code. The Amendment also bring in new sections making acts like disrobing a woman
without consent, stalking and sexual acts by person in authority an offence. Though
enhancement in legal and moral environment is still needed to deal with the cases of sexual
harassment.Writ petition was filed by female employee, alleging the sexual harassment.
Allegations made were enquired into by several independent bodies and no merit was found in
allegations levelled by her. As some overlapping matters were pending before Delhi High
Court, hence, no relief was granted to the petitioner. She may pursue her remedies before Delhi
High Court.19 Section 509. “Word, gesture or act intended to insult the modesty of a woman.-
Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or
gesture, or exhibits any object, intending that such word or sound shall be heard, or that such
gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman,
shall be punished with simple imprisonment for a term, which may extend to three years, and
also with fine.”20
Aloshia Joseph v Rev.Dr.Joseph Kollamparambil21 It was shown by complaint and
sworn statement that in presence of her daughter, complainant was asked whether her husband
was not father of daughter. It was remark against chastity, modesty of complaint. Ingredients
of Section 509 were made out. Dismissal of complaint under Section 203, Cr.P.C. was not
proper .
In Bankey v State,22 Entering the house of another at night and trying to put off the
clothes of a woman or seeing her naked is an offence under this section

19
Nisha Priya Bhatia v Union of India, 2010(126) FLR 556 (SC).
20
(vide Section 509, IPC, 1860).
21
2009 Cri LJ 2190 (Ker).
22
AIR 1961 All 131:1961 (1) Cri LJ 330
 In Khair Mohd. V Emperor23 In order to constitute an offence under Section 509,
I.P.C., there must be some individual woman or woman whose modesty has been outraged.
In Anuradha Khairsagar v State of Maharashtra24 Accused himself a teacher using
threatening words to lady teachers saying that he would hold them by hairs, kick them on waist
and pull them out. Held it does not violate concept of modesty
In M. M. Haries v State of Kerala25 ‘Writing of Letter’ to a woman intending to insult
her modesty could be construed as ‘making a gesture’ under Section 509, IPC ‘writing letter’
to woman using vulgar and obscene language thereby threatening to insult her modesty could
be construed as ‘making a gesture’ under Section 509. Neither Section 292 nor Section 294
would be attracted in such case. Even if specific section was not included in charge-sheet, Court
could proceed against accused for offence under Section 509 IPC.
Another Leading and media Hyped case of Feb, 2014 well known as Tehlka
case26,Tehelka founder and former editor Tarun Tejpal, 50, was arrested on November 30,
2013 and was an important case whereby Tejpal dealing with the charges imputed by the
Investigation Officer under sections 354, 354-A (sexual harassment), 341 and 342 (wrongful
restrain), 376 (rape), 376(2)(f) and 376 (2)(k) (takes advantage of his official position and
commits rape on a woman in his custody.
If the charges are proven guilty, Tejpal can be sentenced for more than seven years of
imprisonment on these charges. A chargesheet of 2,684-pages have been filed after the
examination of 152 witnesses including the victim, staff of Tehelka magazine and the
investigating officer in the case.
The charge sheet though stated that there are enough statements on record to prove that
Tejpal has admitted the commission of rape, sexual harassment and outraging the modesty of
the victim. The investigating officer has noted that there are incriminating emails in this regard
containing his apology, email letters to the victim regarding rape, sexual harassment, and
outraging her modesty which were retrieved at his instance.
There are number of claims as to sufficient evidence yet to tighten up the matter, speedy
redressal Courts as had been stated during the Nirbhaya Case27 needs to take prompt actions.

23
AIR 1925 Sindh 271: 26 Cri LJ 904
24
Concept of modesty of woman explained) Section 510 is not attracted the accused answers Section 506, IPC (,
1991 Cri LJ 410 (Bom).
25
2005 Cri LJ 3314 (Ker).
26
Tehelka Case (Feb 2014, Goa)
27
Nirbhaya Case : the Fearless 2015