State Govt now has to comply with landmark Apex court order on sexual harassment in workplace including private companies

STATE TO IMPLEMENT GUIDELINES IMMEDIATELY
ANAND OBEROI
GANGTOK, 09 Feb: In what considered a landmark judgment against sexual harassment against women at the workplace, the Supreme Court on 3 February has directed the government of Sikkim to immediately constitute Complaint Committees in all the workplaces in public, public undertakings, private companies and hotel industries in compliance with this judgment and more importantly give wide publicity on the steps being taken by the government in compliance with the order. A few years ago the order of Supreme Court in Visakha’s Case had also observed the necessity to protect women from sexual harassment in the workplace.
In fact in the order dated 3 February observes that the court is satisfied “…that the state government has taken the steps necessary for implementing the guidelines and norms laid down by this court in Vishaka’s case and the directions given in Medha Kotwal’s case”. It further directed the state government give wide publicity to notifications issued by it in compliance with the court’s order and the same to be aired through Doordarshan station; further the Social Welfare department and the Legal Service have also been directed to give wide publicity to the notifications and orders of the government.
The SC order comes after a PIL which was filed by a victim from Sikkim in the Supreme Court of India against the issue of sexual harassment at Workplace which is considered one of the biggest concerns for working women here and that every woman who enters a workplace has a right to be protected and freedom granted from hostile work environment as gender equality includes protection from sexual harassment and right to work with dignity which is also a universally recognized basic human right.
Addressing a press conference here at the Press Club of Sikkim today, Dr.Doma Bhutia who represents the petitioner from Sikkim welcomed the decision and highlighted that the state government now had to observe guidelines to ensure that this violation is not carried out here which was not followed strictly in the state.
The guidelines which need to be implemented soon is that it will now be the duty of the employer or other responsible persons in workplaces and other institutions to prevent and deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement and prosecution of acts of sexual harassment by taking all steps required.
The definition of sexual harassment includes unwelcome sexually determined behavior like physical contact and advances, a demand or request for sexual favours, sexually- coloured remarks, showing pornography and any unwelcome physical, verbal or non- verbal conduct of sexual nature. That this acts are committed in circumstances where the victim of such conduct has a reasonable apprehension that in relation to the victim’s employment or work whether she is drawing salary, honorarium or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem.
“It is discriminatory for instance when the women has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might be visited if the victim does not consent to the conduct in question or raises any objection,” informed Dr.Doma.
Under the preventive steps which are now mandatory all employers or persons in charge of workplace whether in the public or private sector should take appropriate steps to prevent sexual harassment, they should now express prohibition of sexual harassment which should be notified, published and circulated in appropriate ways.
Along with the formation of complaint committees, the public and private establishments have to generate awareness of the rights of the female employees. In this regard, the state government has to adopt suitable measures including legislation to ensure that the guidelines laid are observed by the employers in private sector.
The state government shall give comprehensive publicity to the notifications and orders issued, wide publicity has to be given every month on Doordarshan Station, Sikkim about various steps taken by the state government for implementation of the guidelines.
That now the Social welfare department and the legal service authority of the state of Sikkim shall also give wide publicity not only for government departments of the state and its agencies but also for private companies.
“We have full faith in the Government of Sikkim to implement all directions in letter and spirit for which I shall continuously follow for the implementation of the same which if not would be contempt of court. I also hope that the state will go an extra mile to amend the Sikkim Shops and Commercial Establishment Act, 1983 like they have done in the Sikkim Government servants Conduct Rules, 1981 and extend and notify industrial employment [standing orders] Act, 1946,” she stated.