Rules & Regulations for Prevention and Prohibition of Ragging Vishaka Guidelines Against
Sexual Harassment at Workplace
- Guidelines and norms laid down by the Hon’ble Supreme court in Vishaka and Others Vs. State of Rajasthan and Others (JT 1997 (7) SC 384)
- Having REGARD to the definition of ‘Human rights’ in Section 2 (d) of the Protection of Human Rights Act, 1993.
- TAKING NOTE of the fact that the present civil and penal laws in India do not adequately provide for specific protection of women from sexual harassment in work places and that enactment of such legislation will take considerable time,
- It is necessary and expedient for employers in work places as well as other responsible persons or institutions to observe certain guidelines to ensure the prevention of sexual harassment of women.
- Duty of the Employer or other responsible persons in work places and other institutions It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps required.
Definition
- For this purpose, sexual harassment includes such unwelcome sexually determined behavior (whether directly or by implication) as:
- a. Physical contact and advances;
- b. A demand or request for sexual favors;
- c. Sexually colored remarks;
- d. Showing pornography;
- e. Any other unwelcome physical, verbal or non – verbal conduct of sexual nature
- Where any of these acts is committed in circumstances where – under the victim of such conduct has a reasonable apprehension that in relation to the victim’s employment or work whether she is drawing salary, or 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 thereto.
Preventive Steps
All employers or persons in charge of the workplace whether in the public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation, they should take the following steps:
- A. Express prohibition of sexual harassment as defined above at the work place should be notified, published and circulated in appropriate ways.
- B. The Rules / Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules / Regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender.
- C. As regards private employers, steps should be taken to include the aforesaid prohibitions in the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946.
- D. Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment.
Criminal Proceedings
- Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.
- In particular, it should ensure that victims or witness are not victimized or discriminated against while dealing with complaints of sexual harassment.
- The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.
Disciplinary Action
Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer under those rules.
Complaint Mechanism
Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer’s organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints.
Complaints Committee
- The complaint mechanism, referred to above, should be adequate to provide, where necessary a Complaints Committee, a special counselor or other support service, including the maintenance of confidentiality. The Complaints. Committee should be headed by a woman and not less than half of its member should be women. Further, to prevent the possibility of any undue pressure or influence from senior levels such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment.
- The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them.
- The employers and person in charge will also report on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department.
Worker’s Initiative
Employees should allowed to raise issues of sexual harassment at a worker’s meeting and in other appropriate forums and it should be affirmatively discussed in Employer – Employee meetings.
Awareness
Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines (and appropriate legislation when enacted on the subject) in a suitable manner.
Third Party Harassment
- Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.
- The central / State Government are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector.
These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993
Various Types of Ragging The Honorable Supreme Court has, inter – alia, mentioned the following types of ragging:
1. Ragging has several aspects with, among others, psychological, social, political, economic, cultural, and academic dimensions.
2. Any act that prevents, disrupts or disturbs the regular academic activity of a student should be considered with in the academics related aspect of ragging prevalent in many institutions, particularly in the technical institutions.
3. Any act of financial extortion or forceful expenditure burden put on a junior student by senior students should be considered an aspect of ragging for ragging economic dimensions.
4. Any act of physical abuse including all variants of it : sexual abuse , homosexual assaults, stripping , forcing obscene and lewd acts, gestured, causing bodily harm or any other danger to health or person can be put in the category of ragging with criminal dimension.
5. Any act or abuse by spoken words, e- mails, snail – mails, blogs, public insults should be considered within the psychological aspects of ragging. This aspect would also include deriving perverted pleasure, vicarious or sadistic thrill from actively or passively participating in the discomfiture to others, the absence of preparing fresher’s in the run up to their admission to higher education and life in hostels also can be ascribed as a psychological aspect of ragging – coping skills in interaction with seniors or strangers can be imparted by parents as well. Any act that affects the mental health and self – confidence of students also can be described in terms of the psychological aspects of ragging.
6. The human rights perspective of ragging involves the injury caused to the fundamental right to human dignity though humiliation heaped on junior students by seniors; often resulting in the extreme step of suicide by the victims.
Actions to be taken against students for indulging and abetting in Ragging in technical institutions Universities including Deemed to be University parting technical education:-
1. The punishment to be meted out to the persons indulged in ragging has to be exemplary and justifiably harsh to act as a deterrent against the recurrence of such incidents. The students who are found to be indulging in ragging should be debarred from taking admission to any technical institution in India.
2. Every single incident of ragging a First Information Report (FIR) must be filed without exception by the institutional authorities with the local police authorities.
3. Depending upon the nature and gravity of the offense as established by the Anti–Ragging Committee of the institution, the possible punishments for those found guilty of ragging at the institutional level shall be any one or any combination of the following.
- Cancellation of admission
- Suspension from attending classes
- Withholding/withdrawing scholarship/fellowship and other benefits
- Debarring from appearing in any test/examination or other evaluation process
- Withholding results
- Debarring from representing the institution in any regional, national, or international meet, tournament, youth festival, etc.
- Suspension/expulsion from the hostel
- Rustication from the institution for periods ranging from 1 to 4 semesters
- Expulsion from the institution and consequent debarring from admission to any other institution.
- Collective punishment: when the persons committing or abetting the crime of ragging are not identified, the institution shall resort to collective punishment as a deterrent to ensure community pressure on the potential triggers.
4. The institutional authority shall intimate the incidents of ragging occurred in their premises along with actions taken to the Council immediately after occurrence of such incident and inform the status of the case from time to time.
5. Courts should make an effort to ensure that cases involving ragging are taken up on a priority basis to send the correct message that ragging is not only to be discouraged but also to be dealt with sternly.