Case law
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1 The Vishaka v. State of Rajasthan
Introduction
The Vishaka v. State of Rajasthan case, decided by the Supreme Court of
India in 1997, is one of the most significant rulings regarding the issue of sexual
harassment at the workplace in India. The case came into prominence after a
brutal incident of gang rape of a social worker, Bhanwari Devi, in Rajasthan, who
had been involved in preventing child marriage. The ruling laid down legal
guidelines to protect women from sexual harassment in their workplaces, even in
the absence of specific laws at that time
Facts of the case
Bhanwari Devi, a social worker employed under the Women's
Development Programme (WDP) in Rajasthan, was involved in stopping the child
marriage of an infant in her village.
In 1992, she was gang-raped by members of the family of the infant girl as an act
of retaliation for her efforts to prevent the marriage.
The case of Bhanwari Devi attracted national attention due to the grave nature of
the crime and the failure of the police to act promptly.
The trial court's decision acquitting the accused led to protests, with social activists
and women's organizations calling for justice for Bhanwari Devi and all women
victims of workplace. Harassment
A Public Interest Litigation (PIL) was filed by Vishaka, a social activist, and others,
urging the Supreme Court to address the issue of sexual harassment at
workplaces and frame guidelines in the absence of a legal framework.
Legal issues raised
● The PIL primarily raised the following issues:
Absence of a legal framework to address sexual harassment at the workplace.
Violation of women's fundamental rights, particularly under:
Article 14 (Right to Equality),
Article 15 (Prohibition of Discrimination),
Article 21 (Right to Life and Personal Liberty) of the Indian Constitution.
Judgement
The Supreme Court, in its landmark judgment delivered in 1997, held that sexual
harassment of women at the workplace is a violation of their fundamental rights to
equality, life, and liberty. The Court also noted that there were no existing laws to
address the issue of sexual harassment.
In response, the Court devised a set of guidelines, now known as the Vishaka
Guidelines, which would serve as the law until suitable legislation was passed.
The following principles were laid down:
Definition of Sexual Harassment: The Court defined sexual harassment as any
unwelcome behavior of a sexual nature, including:
Physical contact and advances,
A demand or request for sexual favors,
Sexually colored remarks,
Showing pornography, and
Any other unwelcome sexual conduct, verbal or non-verbal.
Employer's Responsibility: Employers were required to: The Supreme Court, in its
landmark judgment delivered in 1997, held that sexual harassment of women at
the workplace is a violation of their fundamental rights to equality, life, and liberty.
The Court also noted that there were no existing laws to address the issue of
sexual harassment.
In response, the Court devised a set of guidelines, now known as the Vishaka
Guidelines, which would serve as the law until suitable legislation was passed.
The following principles were laid down:
1. Definition of Sexual Harassment: The Court defined sexual harassment as any unwelcome behavior of a sexual nature,
including:
Physical contact and advances,
A demand or request for sexual favors,
Sexually colored remarks,
Showing pornography, and
Any other unwelcome sexual conduct, verbal or non-verbal.
