About time

Sixteen years after its Vishaka judgment,the Supreme Court sets up a panel to investigate sexual harassment.

Sixteen years after its Vishaka judgment,the Supreme Court sets up a panel to investigate sexual harassment.

Following up on its decision this July to set up a framework for gender sensitisation and the prevention and redressal of sexual violence within the institution,the Supreme Court has now set up a 10-member panel to investigate such instances. Only a few weeks back,the courts were shaken by the public testimony of a young law school graduate who was allegedly sexually assaulted by a Supreme Court judge she interned with. She had spoken of how common sexual harassment was within this environment,and of how difficult it was to seek redress given the solidarity among the senior judiciary and the career-denting perception that a woman who complains is a trouble-maker. As the recent complaints against Tehelka editor Tarun Tejpal or the iGate CEO Phaneesh Murthy illustrate,these situations figure repeatedly across workplaces and professions. Often,when the harasser is in a position of power,it can cramp work opportunities,or create a hostile environment for the complainant.

The Supreme Courts Gender Sensitisation and Internal Complaints Committee comes about 16 years after the landmark Vishaka judgment,when the court directed all workplaces to set up internal committees to handle sexual harassment. That was the first time in India that unwelcome sexually tinged behaviour in the workplace was recognised as a real and pressing problem,and institutional responsibility clearly spelt out,rather than being regarded as a private tangle between two people.

In February,Parliament enacted a comprehensive law on sexual harassment in the workplace,declaring it a violation of the right to equality and life,in that it is a barrier to employment. This includes the organised and unorganised sector,and obliges those in the organised sector to set up committees to monitor harassment. It is essential to have clear structures of recourse on the complainants side,so that she does not have to depend on the sensitivity or responsiveness of those higher up in the organisation or her peer group. Even if belated,the court deserves credit for proactively instituting its own committee to create a fair and gender-just environment within its premises,with external representatives to make sure that the complainant gets a full hearing. Its action should set a standard for other professions.