The ruling in Chopra follows the Supreme Court’s
decision in Vishaka v. State of Rajasthan (1997) 6 Supreme Court
Cases 241, which established the initial definition of sexual harassment
for purposes of the Indian Constitution and issued legally binding guidelines
for companies to ensure a safe working environment for women. In
the 1997 decision in Vishaka, the Supreme Court determined that "[i]n view
of the absence of enacted law to provide for effective enforcement of the
basic human right of gender equality and guarantee against sexual
harassment and abuse, and more particularly, against sexual harassment
at workplaces,
we lay down guidelines and norms specified hereinafter
for due observance at all workplaces or other institutions until a legislation
is enacted for the purpose." Furthermore, the Supreme Court determined
that sexual harassment is not confined to instances of rape or assault;
instead, it can include "such unwelcome sexually determined behaviour
(whether directly or by implication) as: physical contact and advances;
a demand or request for sexual favours; sexually coloured remarks; showing
pornography; and any other unwelcome physical, verbal or non-verbal conduct
of a sexual nature."
The Supreme Court decision in Vishaka also directed employers, both public and private, to take steps to prevent sexual harassment. According to the decision, all employers must include a prohibition against sexual harassment in their rules of conduct and discipline for employees; establish a complaint committee headed by women and with at least half of its members being women; initiate disciplinary proceedings and possible criminal action against any violators; and ensure that harassed women are not further victimized.
Legal Definition:
Sexual harassment is a legal term, created for the purpose
of ending harassment and discrimination against women in the workplace.
The term is constantly being redefined and extended in legislation
and court decisions. However, not all sexual behavior in the workplace
is harassment, and the laws against sexual harassment do not extend to
situations outside the workplace or school.
The basic definition of sexual harassment comes from the United Stated
Equal
Employment Opportunity Commission (EEOC):
Unwelcome sexual advances, requests for sexual favors, and other verbal
or physical
conduct of a sexual nature constitutes sexual harassment when submission
to or rejection
of this conduct explicitly or implicitly affects an individual's employment,
unreasonably
interferes with an individual's work performance or creates an intimidating,
hostile or
offensive work environment.
This definition has been
further elaborated: ...