Sexual Harrassment in Indian Law

The current sexual harassment laws in India are based on the Vishakha Guidelines. This set of procedural guidelines were promulgated by the Indian Supreme Court in 1997. They were  superseded by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Sexual harassment in India is defined in Indian Law as the following:

• 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 a sexual nature.

Legislation in India dealing with sexual harassment has never taken equality as its starting point. Both the Vishakha and the Sexual Harassment of Women at Workplace did not make the significant changes hoped for by many concerned about women and violence in India. Many would like to see new legislation to address issues of true equality: freedom, respect, and dignity.

Despite its shortcomings these changes have made a difference and are moving the discussion forward. However, law reform must prepare to encompass these values and apply equality as the goal to provide a just haven for women in situations of violence.

The proposed Sexual Harassment Bill is an opportunity for change. Unlike predecessor reforms, the force of international agreements such as the UDHR, CEDAW encompassed in Vishaka have rejuvenated equality. Enough to provide a positive, tested blueprint to alter how legislation can truly and effectively respond to women’s equality concerns.

As with other law changes in India and across the free world it’s baby steps.