INDEX

S.NO. CONTENTS PAGE NO.

1. ACKNOWLEDGMENT 2.
2. ABSTRACT 3.
3. INTRODUCTION 4.
4. LAWS FOR WOMEN AT WORKPLACE IN INDIA 5.
5. FACTS OF THE CASE 8.
6. ISSUES RAISED 9.
7. JUDGEMENT OF THE CASE 10.
8. VISHAKHA’S GUIDELINES 11.
9. ANALYSIS 12.
10. CONCLUSION 13.
11. REFERENCES 14.

ACKNOWLEDGMENT
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I, Mohd. Abul Fazal Khan and Md. Faisal Alam would like to express our deepest gratitude to
Ms. Sukaina Mehdi Ma’am for her invaluable support and guidance throughout the completion
of this project, and her contributions significantly enhanced the quality and depth of this work.
We are also thankful to the Hamdard Institute of Legal Studies and Research (HILSR) for their
immense support which greatly enriched our research and development skills. We are also
grateful to our batchmates for their understanding, encouragement, and support during the
completion of this project. Lastly, we extend our thanks to all the resources, literature, and
individuals whose work and insights have been referenced and cited, contributing significantly to
the depth and credibility of this project.

ABSTRACT

Women in India had to face many obstacles to get the position where they are today in the
workplace. The journey from understanding their potential and fighting for their place to the time
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now when they are leading many institutions and have proved themselves in different fields. The
initiation of educating women from all parts of society was mainly during pre-independence to
make the masses more aware of what was going on around us. Even among the ones who were
educating women from different classes and castes were the women who were educated. Social
reforms helped us to change the mindset of the ordinary masses of the country. Even the Indian
Constitution has given women various rights, but still, women feel unsafe and have to think
before moving from one place to another, traveling via public transport joining or opting for a
certain job or career, etc. This paper tries to draw a picture of the changing circumstances of
women in the workplace since ancient India and steps taken to change the situation of women in
the present time, especially at work workplace. And also tries to make suggestions about how to
improve the working environment for women. This paper is totally based on secondary sources.

INTRODUCTION

“To awaken the people it is the woman who must be awakened, once she is on the move, the
family moves, the village moves, the nation moves.”

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Women are an integral part of our society and they play various roles of wife, mother and
daughter since time immemorial and have also shown their potential in other aspects and areas of
society if given the chance. We cannot ignore women’s contribution to our society. Today women
are doing great in every field. India being the largest democracy that believes in the principle of
social justice. However, things were not the same in the past; although there was equality in
those days, things changed through time. As a result, and even now, women still have to struggle
for their fundamental rights, such as paid maternity leave, access to abortion, and equal pay,
among other things. Due to the patriarchal nature of the society women have to face many
discriminations and are not accepted easily in almost every field, being women in this society is
itself a struggle.

1
“According to the 2011 census, the total number of female workers is 149.8M from which 121.8
M were Rural and 28 M were Urban. Within which 35.9 M females are working cultivators,
61.5 M are agricultural laborers, 8.5 M are in household industry and 43.7 M are classified as
workers.” We can see in these statues that a large number of women are actually working for
their livelihood but most of them are working for small wage and low post jobs, the one from the
rural areas mostly works in different industries or household just to maintain their basic need of
daily life. And the ones from urban areas are comparable low from rural ones. Usually, Indian
women are mostly preferred to work on household work, as the patriarchy system is not affected
as the men want to dominate the domain outside the house. In spite of the difficult societal
bondage there are women who have come out, rigorously worked according to their will and
even have proved themselves in the society by achieving the peak in their domain. Many women
have shown that not only the man but even women can perform if given the opportunity. Slowly
the position of women is changing both in society and the workplace as the number of women
working are increasing.

LAWS FOR WOMEN AT WORKPLACE IN INDIA

With time there are various laws introduced in India, which are related to the workplace and
within which few are specially for women. These laws were introduced with the need of time.
Whenever we come to the situation that there is a need for laws which can protect women and
maintain peace in society, we have come with them. It is a continuous process where laws are
introduced and same laws are amended with changing situations as per need. There are some
laws related to women in general and the workplace.
1 Census 2011
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  Rights Under the Constitution of India

The Indian constitution covers almost every aspect of social, political and legal affairs. There are
various rights given in the Indian Constitution for women. Fundamental Rights given in part III
of the Indian Constitution mainly deals with overall development of an individual. Article 2(Art)
14[5] focuses on achieving gender equality for men and women in the areas of political,
economic, and social life. In essence, it forbids class-based regulation while allowing fair
classification. Women are given equal legal protection from all offenses against women under
this rule. It closes the gap between gender inequality and female injustice. It closes the gap
between gender inequality and female injustice. 3Art. 15[6] stipulates that the state shall not
discriminate against any of its citizens on the basis of their race, religion, caste, sex, or place of
birth. However, this article also permits governments to implement specific positive measures
that benefit women. 4Art. 16[7] Every Indian citizen is guaranteed equal work possibilities, as
well as marriage-related rights and permission from both sexes. 5Art. 23[8] In essence, it argues
that everyone has the freedom to work and select their place of employment and that gender
equality must be upheld in all spheres, including employment, work, and remuneration. The
maintenance or introduction of policies that provide for unique benefits in favor of the
underrepresented sex is not prohibited by the equality principle. also, outlaws forced labor and
human trafficking. 6Art. 39[9] It guarantees and orders the state to implement policies that
emphasize that men and women have an equal right to basic means of subsistence and that equal
compensation for equal effort. Additionally, it combats a number of prejudices that hold women
to be less capable and strong than males. 7Art. 42[10] It mandates that states establish provisions
for providing fair and compassionate working conditions, maternity assistance, and it was for
this reason that the Maternity Benefit Act, 1961, was passed. 8Art. 243[11] Each Panchayat and
Municipalities should reserve one-third of the total number of seats to be filled by direct election
for female candidates, this is an attempt to improve the position of women in village areas. These
are some rights given to women under the Indian constitution. And there are a few laws that
grant women at work basic rights in places like offices, fields, mines, and other industries and
construction sites.
2 Art 14, Under the Indian Constitution
3 Art. 15[6] Under the Indian Constitution
4 Art 16, Under the Indian Constitution
5 Art. 23[8] Under the Indian Constitution

6 Art. 39[9] Under the Indian Constitution

7Art 42, Under the Indian Constitution
8 Art. 243[11] Under the Indian Constitution
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  The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013[15]
9
Women’s rights to equality, life, and liberty are all considered to have been violated by sexual
harassment in the workplace. It encourages an unstable and hostile work environment that
dissuades women from working, which has an impact on their socioeconomic empowerment and
the goal of comprehensive growth. The Act defines sexual harassment as unwanted actions or
behavior, including physical contact, advances, requests for sexual favors, statements with sexual
overtones, pornographic displays, and any other unwanted sexual behavior that is physical,
verbal, or nonverbal. Any unwanted sexual behavior will be regarded as sexual harassment. The
Internal Complaint Committee (ICC) should be established in complete conformity with the
criteria under law. The committee may attempt to resolve the issue by conciliation between the
complainant and the respondent after receiving the complaint; if a resolution is reached, no
further inquiry is done. The committee will continue the investigation if the conciliation is
unsuccessful or the respondent does not follow any of the settlement terms. If there is a strong
cause for filing a complaint against a domestic worker under Section 509 of the Indian Penal
Code or any other applicable provisions of the same Code, the Local Committee (LC) must do so
within seven days of receiving the complaint. Even though the Act went into effect in 2013, there
is still a lack of knowledge about the effects of sexual harassment and how to report it. In
addition to fostering an atmosphere where women can voice their complaints without fear and
get justice, sensitizing males to how women are treated at work is also essential for the efficient
implementation of the POSH Act.

 The Equal Remuneration Act, 1976[14] 10

It aids in closing the gap between the disparity in pay experienced by our country’s
women.Article 39 of the Indian Constitution allows you to make a claim for equal pay.
Employers must pay both men and women equally for the same job. Employers are also
prohibited from discriminating against women throughout the recruiting process except certain
places. To eliminate prejudice against women and treat both genders equally and fairly, equal pay
is given to men and women. The Central Industrial Relations Machinery (CIRM) was
responsible for enforcing this law. Section 4&5 of this act mentions equal pay or wages for both
male and female in equal position.
9 The Sexual Harassment of Women at Workplace Act, 2013, $3,4,6,&9, No.14, Act of Parliament, 2013(India)
10 The Equal Remuneration Act, 1976[14]
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  The Mines Act, 1952[12]
11
It outlines safety precautions for workers using shafts, opencast workings, conveyors, aerial
ropeways, etc. when working in coal, metal, ferrous, and oil mines. “Section 20 provides
separate latrines and urinals for female employees, while Section 46(1)(b) prohibits women from
working in any mine below ground or above ground, save between the hours of 6 a.m. and 7
p.m.“ Additionally, it states that any woman working above ground in a mine must be given a
break of at least 11 hours between the end of the day’s labor and the start of the next day.

 The Maternity Benefit Act, 1961[13]

12
This statute provides several benefits to theambitious mother who also enjoys her work and
does not want to start over after her pregnancy. It offers women with 26 weeks of paid maternity
leave, as well as one month of paid leave for illness caused by pregnancy or miscarriage, as well
as a medical bonus of certain amount is to be given if the employer provides pre-natal and post-
natal treatment. If the employee provides proof of delivery, the payment is made 48 hours in
advance, and the employee dies without a legal heir, the maternity benefit will be paid to a
designated beneficiary. No establishment may recruit you for six weeks following delivery,
miscarriage, or medical termination of pregnancy under this Act. While you are on maternity
leave, you cannot be fired by anybody. This act removes the fear of losing their jobs because of
pregnancy

FACTS OF THE CASE

13
Bhanwari Devi, a woman belonging from Bhateri, Rajasthan started working under the
Women’s Development Project (WDP) run by the Government of Rajasthan, in the year 1985.
She was employed as a ‘Saathin’ which means ‘friend’ in Hindi.

In the year 1987, as a part of her job, Bhanwari took up an issue of attempted rape of a woman
who hailed from a neighboring village. For this act, she gained full support from the members of
her village. In the year 1992, Bhanwari took up another issue based on the government’s
campaign against child marriage. This campaign was subjected to disapproval and ignorance by

11 The Mines Act, 1952[12]

12 The Maternity Benefit Act, 1961[13]
13 Vishaka v. The State of Rajasthan, AIR 1997 SC 3011
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all the members of the village, even though they were aware of the fact that child marriage is
illegal.

In the meantime, the family of Ram Karan Gurjar had made arrangements to perform such a
marriage, of his infant daughter. Bhanwari, abiding by the work assigned to her, tried to persuade
the family to not perform the marriage but all her attempts resulted in being futile. The family
decided to go ahead with the marriage.

On 5th May 1992, the sub-divisional officer (SDO) along with the Deputy Superintendent of
Police (DSP) went and stopped the said marriage. However, the marriage was performed the next
day and no police action was taken against it. Later, it was established by the villagers that the
police visits were a result of Bhanwari Devi’s actions. This led to boycotting Bhanwari Devi and
her family. Bhanwari also lost her job amid this boycott.

On 22nd September 1992, to seek vengeance, five men i.e, four from the above-mentioned
Gurjar family- Ram Sukh Gujjar, Gyarsa Gujjar, Ram Karan Gujjar, and Badri Gujjar along with
one Shravan Sharma had attacked Bhanwari Devi’s husband and later brutally gang-raped her.

The police had tried all possible ways to avoid filing any complaint against the accused which
resulted in a delayed investigation. Even after facing so much criticism, Bhanwari Devi, with her
incessant determination to get justice, managed to lodge a complaint. The medical examination
was delayed for fifty-two hours. However, the examiner did not mention any commission of rape
in the report but rather mentioned the age of the victim.

In the absence of sufficient evidence and with the help of the local MLA Dhanraj Meena, all the
accused managed to get an acquittal in the Trial Court. But this acquittal resulted in a huge
backlash from many women activists and organizations which supported Bhanwari. These
organizations came together and raised their voice to attain justice, which resulted in the filing of
a Public Interest Litigation (PIL).

The PIL was filed by a women’s rights group known as ‘Vishaka’. It laid its focus on the
enforcement of the fundamental rights of women at the Workplace under the provisions of
Article 14, 15, 19, and 21 of the Constitution of India, it also raised the issue of the need for
protection of women from sexual harassment at Workplace.

Explanation

Issues raised
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  Whether sexual harassment at the Workplace amounts to a violation of Rights of Gender
Inequality and Right to Life and Liberty?

 Whether the court could apply international laws in the absence of applicable measures
under the existing?

 Whether the employer has any responsibility when sexual harassment is done to/by its
employees?

Petitioner’s Arguments

A writ petition seeking the writ of Mandamus was filed by the Vishaka group consisting of
NGOs, Women activists and other social organisations. They put forth the argument that the
sexual harassment of women at their workplace was violative of the articles 14, 15, 19(1)(g) and
21 of the constitution. They threw light upon the loophole that the legislation had regarding the
creation of a safe space for women at their workplaces. Further, they requested the honorable
court to make guidelines for prevention of sexual harassment.

Respondent’s Arguments

The learned Solicitor General from the respondent’s side , did something unusual by supporting
the petitioners in figuring out an efficient way to prevent sexual harassment in workplaces and in
building structured guidelines for the same. The amicus curiae of the Honorable Court – Fali. S.
Nariman along with Ms. Naina Kapur and Ms. Meenakshi provided assistance to the Hon’ble
court in dealing with the said case.

Judgement Of The Case

The lack of a law that would prevent sexual harassment and provide women with a safe working
environment was acknowledged by the Hon’ble Supreme Court of India. Section 354 and 354A
of the Indian Penal Code, 1860 were to be referred in any case of sexual harassment but these
provisions were not specific to the issue at hand. This made the Hon’ble court realize the need
for proper and effective legislation that would deal with sexual harassment.

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The Hon’ble Court took reference from the international conventions to proceed with the case. It
referred to the Beijing Statement of Principles on the independence of Judiciary [3] in the
LAWASIA region, to function as a guardian of citizens’ rights and independently make laws in
the absence of any legislative framework. Then the Hon’ble court took reference from the
provisions of Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW)[4]. They were

Article 11 (1) (a) & (f)- which states that the State takes all appropriate measures to eliminate
discrimination against women in the field of employment.

Article 24- which states that the State shall undertake to adopt all necessary measures at the
national level aimed at achieving the full realization.

The Hon’ble Supreme Court framed the guidelines to prevent sexual harassment at the
Workplace, known as Vishaka Guidelines, that were to be treated as law declared under Article
141 of the Indian Constitution. These guidelines were the foundation for The Sexual Harassment
of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

VISHAKHA’S GUIDELINES

EMPLOYER’S OR OTHER EQUIVALENT AUTHORITY’S DUTY– Employer or other

responsible persons are bound to preclude such indecent incidents of sexual harassment from
happening. In case such an act takes place, then the organization must consist of a mechanism to
provide prosecutorial and conciliatory remedies.

DEFINITION

For this purpose “Sexual Harassment” means disagreeable sexually determined behavior direct
or indirect as

 Physical contact and advances;

 A demand or request for sexual favours;

 Sexually coloured remarks;

 Showing pornography;

 Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.

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MEASURES FOR PREVENTION– Employers or persons in charge of the workplace must
take preventive measures such as an express prohibition of sexual harassment in the form of
notifications or circulars, penalties by the government against the offender, appropriate work
conditions in respect of hygiene, health, and leisure.

PROCEEDINGS IN CASE OF MISCONDUCT– If the offenses committed are the ones that
fall under the purview of the Indian Penal Code, 1860, then the employer is bound to take
prosecutorial action by complaining to the appropriate authority.

APPROPRIATE DISCIPLINARY ACTION– If there is an occurrence of a violation of

service rules, appropriate disciplinary action must be taken.

REDRESSAL MECHANISM– An organization must have a redressal mechanism to address

the complaints. This must be irrespective of the fact that whether the act constitutes an offense
under the Indian Penal Code, 1860, or any other law as such. REDRESSAL COMMITTEE–
Such a redressal mechanism or more precisely such a complaint committee must have women as
more than half of its members and its head must be a woman. The committee must comprise of a
counseling facility. It is also acceptable to collaborate with NGOs or any such organisations
which are well aware of such issues. A report must be sent to the government annually on the
development of the issues being dealt with by the committee.

SPREADING AWARENESS– To raise sexual harassment issues, employer-employee meetings

must be held. The employer must take appropriate actions/measures to spread awareness on the
said issue.

Analysis

The vishakha gudelines were a great step towards empowering women and dealing with sexual
harassment at workplaces in India. The honorable court took inspiration from the the various
international laws and conventions in the absence of a domestic law, applied them according to
the law of the land and created a new law altogether. The guidelines gave women a strong legal
platform to fight sexual harassment. These guidelines formed the basis for the establishment of
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013. The true spirit of judicial activism highlighted in this was an inspiration for all. The
constitutional principles of equality and liberty were protected and upheld by the Supreme Court.

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Unfortunately, Bhanwari Devi, the spark that ignited the need for appropriate legislation to
safeguard women against sexual harassment, even after two decades, is still awaiting justice to
be served. It is paramount to take note of the fact that, though such comprehensive laws have
been enacted to safeguard women in India, it still ranks as the most dangerous country for
women. Maybe it is time to question ourselves, is it the law or is it us that must be responsible?

CONCLUSION

The patriarchy that existed in medieval culture is deeply established, much like caste systems.
Women’s bodies, movements, and economic and legal rights were severely restricted. Compared
to the ancient and medieval eras, the current situation is quite different since people are more
open and educated. In the majority of situations, women who leave the house to work are
supported by their husbands. Women nowadays are aware of the societal vision of them and are
capable to protect themselves and reply or react with the same strength. If not, the person
reading this has to alter their perspective, get over their fear, gather power to fight against
whatever has gone wrong with them, or get ready for the circumstance that will come up. Create
a mental defense system for yourself to keep yourself safe. The laws for women are numerous,
but none of them matter if women are willing to put up with anything they go through. Nobody
can intervene to improve their situation or support them until they speak out, thus we must fight
against anything that we find objectionable. Each person has a personal limit on how open they
can be, and we all need to be aware of this. We must demand the things we are due, which may
include privacy, respect, pay, and honor, etc. Within a predetermined time frame, awareness must
be spread in this respect. In order for us to all strive to overcome these obstacles and for the
government to take appropriate action, women in particular need to stand up and describe the
difficulties they face in the modern world. We won’t be able to advance in this sector further
unless we cooperate. Despite the fact that there are different laws in the society, women still have
to overcome barriers before entering the workforce and still have to dispel the stereotype that
women are helpless, dependent on protection, and incapable of defending themselves. Why do
women only need protection? Why do people ask women about their whereabouts? Why is it
necessary to have laws protecting women at work? The day these issues are resolved will signal
women’s full freedom.

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 REFERENCES

 Mines Act, 1952, $4&5, No. 35, Act of Parliament, 1952(India)

 Maternity Benefit Act, 1961, $5,7,9&12, No.53, Act of Parliament,1961(India)

 The Equal Remuneration Act,1976, $ 4&5, No.25, Act of Parliament, 1976(India)

 Sexual Harassment of Women at Workplace Act, 2013, $3,4&7, No. 14, Act of
Parliament,2013(India)

 Vishaka v. The State of Rajasthan, AIR 1997 SC 3011

WEBSITES

 https://www.scconline.com

 https://blog.ipleaders.in

 https://indiankanoon.org

 https://theamikusqriae.com

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