Violation Of Vishaka Guidelines: Most Jammu And Kashmir Workplaces Lack Anti-Sexual Harassment Committees
Judgement Given On :
Introduction:
In Jammu and Kashmir, a significant number of establishments, particularly educational institutions, private companies, and banks, are not in compliance with the mandatory requirement for Internal Complaints Committees (ICCs). These committees are essential for addressing cases of physical, mental, or sexual harassment at the workplace, and their formation is legally mandated by the Supreme Court. The guidelines set by the Supreme Court in its landmark 1997 judgment, known as the Vishaka Guidelines, establish the framework for the prevention, prohibition, and redress of sexual harassment at workplaces.
Violations and Lack of Awareness:
Despite repeated reminders and efforts to enforce the Vishaka guidelines, numerous establishments in the region continue to be in violation. This includes both government and privately-owned institutions, with small-scale industries and private sector entities being the primary culprits. The lack of awareness and inadequate implementation of laws for preventing sexual harassment contribute to this issue. Many businesses and organizations have not put in place ICCs and are often unaware of the legal requirements.
Inadequate Awareness and Implementation:
Gazalla Amin, a businesswoman and treasurer of the Kashmir Chamber of Commerce and Industry, highlighted the lack of awareness and shoddy implementation of regulations to prevent sexual harassment of women. She pointed out that little effort has been made to create awareness about measures to combat sexual harassment among establishments.
Role of ICCs:
ICC committees, comprising seven members with at least half of the members being women, play a proactive role in ensuring that individuals found guilty of harassing women at workplaces or educational institutions face appropriate punishment. However, in practice, some private establishments and institutions form these committees for symbolic purposes only, with limited or no attention given to addressing complaints made by women.
Government Offices and ICCs:
Surprisingly, government offices in the region appear to be more proactive in the formation of ICCs. The Labour Department has highlighted that small-scale units with women employees, such as laborers, are also required to establish ICCs. Industrialists and business owners, despite substantial investments, sometimes fail to understand the significance of ICCs.
Shops and Establishment Act:
Firms registered under the Shops and Establishment Act are required to have these committees in place. The Labour Department has not yet received any adverse reports of sexual harassment at workplaces but is prepared to monitor companies that do not comply with these legal requirements.
Lack of Awareness Among Women Employees:
Unfortunately, most workplaces in Jammu and Kashmir lack anti-sexual harassment committees, as required by the Vishaka guidelines, even when there are more than 50 women employees. This is primarily due to a lack of awareness among women employees regarding their rights and the mechanisms for lodging complaints. The state government has not undertaken sufficient media publicity to inform women employees about their privileges.
Institutional Claims:
While institutions like Kashmir University, SKUAST (Sher-e-Kashmir University of Agricultural Sciences and Technology), and the local J&K Bank, where hundreds of women work, claim to have these committees in place, evidence suggests that many private companies in the region do not have anti-sexual harassment committees. In some cases, women employees are reluctant to report sexual harassment due to the associated social stigma. Consequently, very few cases are reported to these committees, and most are resolved through assurances to the victim that the harassment will not recur.