Case Law Summary: Vishaka & Ors. vs. State of Rajasthan (13th August 1997)

Bench: Chief Justice Verma, Justice Sujata V. Manohar, Justice B. N. Kirpal

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Background: Vishaka vs. State of Rajasthan

The case of Vishaka & Ors. vs. State of Rajasthan was a landmark judgment that addressed the pressing issue of sexual harassment of women at the workplace. This writ petition was filed by several social activists and non-governmental organizations (NGOs) following an incident of brutal gang rape of a social worker in a village in Rajasthan. While the specific incident was being dealt with under criminal law, this case was brought to highlight the systemic lack of protection for women in workplaces, demanding judicial intervention in the absence of existing legislation.

Key Issues:

1. Violation of Fundamental Rights:
   The petitioners argued that sexual harassment at the workplace violated the fundamental rights of women under Articles 14 (Right to Equality), 19(1)(g) (Right to Practice Any Profession), and 21 (Right to Life with Dignity) of the Constitution of India.
2. Need for Guidelines in the Absence of Legislation:
   At the time of the case, there were no specific laws in India addressing the issue of sexual harassment in workplaces. The petitioners sought judicial guidelines to prevent such incidents until proper legislation was enacted.

Judgment: Vishaka Guidelines

The Supreme Court of India recognized that the lack of adequate laws to protect women from sexual harassment at the workplace was a serious issue. The Court held that sexual harassment is a clear violation of the fundamental rights of women to gender equality, right to work with dignity, and the right to practice any profession without fear or discrimination.

Citing several constitutional provisions and international conventions, the Court issued guidelines that would act as law until suitable legislation was passed by Parliament.

Vishaka Guidelines:
The Court laid down comprehensive guidelines, now famously known as the Vishaka Guidelines, to prevent and address sexual harassment in the workplace. Key provisions include:

1. Duty of Employers:
   It is the duty of employers or any responsible persons in workplaces to prevent and deter acts of sexual harassment and to provide mechanisms for addressing such complaints.
2. Definition of Sexual Harassment:
   The Court defined sexual harassment broadly to include any unwelcome behavior of a sexual nature, such as physical contact, advances, sexually colored remarks, showing pornography, and sexual demands.
3. Preventive Steps:
   Employers are required to take preventive steps, such as creating awareness about sexual harassment, establishing complaint mechanisms, and ensuring a safe working environment for women.
4. Complaints Committee:
   Each organization must set up a complaints committee to address grievances related to sexual harassment. This committee should be headed by a woman and include members from an NGO or social organization familiar with women’s rights.
5. Confidentiality:
   The identity of the victim should be kept confidential throughout the complaint process.
6. Redressal:
   In cases of harassment, the employer should ensure prompt redressal, including penalties for offenders and remedies for victims.

Significance:
The Vishaka judgment filled the legislative vacuum and became the foundation for later laws, including the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This case highlighted the importance of gender equality and the need for a safe and respectful working environment for women.

Conclusion:
The Vishaka vs. State of Rajasthan case was a milestone in Indian jurisprudence, ensuring that women’s fundamental rights to work with dignity are upheld. By issuing the Vishaka Guidelines, the Supreme Court played a pivotal role in addressing workplace harassment and laid down a framework for gender justice in India.

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