Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - India (Ratification: 1960)

1. The Committee notes with satisfaction that the Supreme Court of India recommended a set of guidelines against sexual harassment in its judgement Vishaka and Ors. v. the State of Rajasthan and Ors. of 13 August 1997. The Supreme Court considered that gender equality includes protection from sexual harassment and the right to work with dignity, which is a universally recognized human right, and that the common minimum requirement of this right has received global acceptance. It considered that the international Conventions and norms are, therefore, of great significance in the formulation of the guidelines to achieve this purpose. Within the guidelines, the Supreme Court defined sexual harassment as including such unwelcome sexually determined behaviour (whether directly or by implication) as: (a) physical contact and advances; (b) a demand or request for sexual favours; (c) sexually coloured remarks; (d) showing pornography; and (e) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. The guidelines also cover prevention, criminal proceedings, disciplinary action, and complaint mechanisms. The Supreme Court felt compelled to issue the guidelines in the absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and to guarantee against sexual harassment and abuse, more particularly against sexual harassment at workplaces. The Court, accordingly, directed that the guidelines and norms issued should be strictly observed in all workplaces for the preservation and enforcement of the right to gender equality of working women and that they be binding and enforceable by law until suitable legislation is enacted in this area. In light of the considerations of the Supreme Court, the Committee requests the Government to indicate whether it intends to enact legislation on sexual harassment.

2. The Committee notes from the Government's report to the Human Rights Committee (United Nations Document CCPR/C/76/Add.6 of 17 June 1996), which monitors the implementation of the International Covenant on Civil and Political Rights, that a landmark amendment to the Constitution has provided for 30 per cent of all elected offices in local bodies, whether in rural or urban areas, to be reserved for women. The Committee requests the Government to provide it with a copy of the amendment.

3. The Committee is addressing a request directly to the Government on other points.