Page 17 - PR Communication Age - JULY 2016

Supreme Court's interpretation of ha-
rassment:-

In the Vishaka case, the Supreme Court of India has included
a gamut of behavioural aspects into what constitutes
"Sexual Harassment".

Supreme Court's guidelines In fact, in an all­India survey The Supreme Court Judgement states: "Guidelines should
carried out by the NGO `Sakshi', the results of which are in be prominently notified to create awareness of the rights
the final stage of preparation, while 80 per cent of the of female employees".
woman respondents confirmed sexual harassment existed
at their workplace, a mere 23 per cent said they were
aware of the Vishaka guidelines whereby, "The Supreme
Court judgement laid down guidelines, prohibiting sexual
harassment, which are legally binding and must be en­
forced."

Here are the points to be noted:- Ironically, says Menghaney, the Vishaka Judgement is one
of the most lucid legal texts. "It is easy to understand. You
1. One of the guidelines makes it incumbent upon the em­ don't need much knowledge of legalese to read it," she says,
ployer to include a prohibition against sexual harass­ adding, "Moreover, it is such a brief ruling. Reading it should
ment in their rules of conduct and discipline for em­ not take more than five minutes."
ployees;
Vishaka guidelines are the only legal succour: -
2. Establish a complaint committee, headed preferably by
women, and with at least half of its members being The Supreme Court guidelines on sexual harassment lay
women. down the law, says Sonal Marwa, who runs the NGO 'Help­
ing Hands', which offers free legal counselling to women.
3. Initiate disciplinary proceedings and possible criminal "There is no legislation as such to deal with sexual harass­
action against any violators; and ensure that harassed ment, and hence the Vishaka Guidelines are the only legal
women are not further victimized. succour for working women facing sexual harassment," says
Marwa.
4. Employers abstain from a proactive role­ A study was
carried out on a cross­section of workplaces including Private sectors are yet to implement Vishaka guidelines.
private, public and the unorganised sectors and had a Implementation of the guidelines is higher in public sector
sample size of 2400. "It is clear that ignorance of the enterprises than in private organisations, says Priya Narula
sexual harassment law is high," says K Geeta of 'Sakshi', of HRLN. But in majority of the public sector companies,
adding, it is the absence of employers taking a proac­ setting up of the complaints committee is a mere formal­
tive role in implementing the Vishaka Judgement that ity, says Narula. It is done only to satisfy the Women and
is to blame. Child department of the government, to which they are
required to submit a report on the status of implementa­
Employer's intimation is imperative:- tion of the Supreme Court ruling.

Moreover, it is for the employer to notify employees of the "The complaints committee in these companies is a hur­
prohibition of sexual harassment and in doing so educate riedly set up body, with not much thought going into it's
them of the Vishaka Judgement, but that is obviously not
happening, says Leena Menghaney of Human Rights Law
Networks (HRLN).

"Managing an advertising agency isn't all beer and skittles. After fourteen years of it, I have come to the conclusion
that the top man has one principle responsibility: to provide an atmosphere in which creative mavericks can do
useful work."

PR COMMUNICATION AGE July 2016 17