Background and Context
The Case Law of Vishakha and Others v. State of Rajasthan is a landmark judgment by the Supreme Court of India that laid down guidelines to protect women from sexual harassment at the workplace. This case, decided in 1997, is significant as it addressed the inadequacy of existing laws in providing a safe working environment for women and established guidelines that have since been foundational in shaping policies and laws regarding workplace sexual harassment in India.
Incident Leading to the Case
The case was brought before the Supreme Court following a horrific incident involving Bhanwari Devi, a social worker in Rajasthan. In 1992, while attempting to prevent a child marriage, she was brutally gang-raped by upper-caste men. Despite her reporting the crime, the accused were acquitted, highlighting severe gaps in the legal framework and the protection available to women at the workplace.
Petitioners and Arguments
The petitioners, a group of women’s rights organizations, including Vishakha, filed a Public Interest Litigation (PIL) under Article 32 of the Constitution of India. They argued that the lack of effective legislation to protect women from sexual harassment at the workplace violated their fundamental rights under Articles 14 (right to equality), 19 (freedom to practice any profession), and 21 (right to life and personal liberty) of the Constitution.
Issues Before the Court
The Supreme Court had to address the following key issues:
- The absence of legislative measures to address sexual harassment at the workplace.
- The need to define sexual harassment and establish a mechanism to deal with complaints.
Supreme Court\’s Judgment
The Supreme Court, in its judgment delivered on August 13, 1997, acknowledged the lack of specific legislation to address sexual harassment at the workplace and issued guidelines to fill this legislative void until suitable laws were enacted. These guidelines, known as the Vishakha Guidelines, were aimed at ensuring a safe working environment for women.
Definition of Sexual Harassment
The Court defined sexual harassment to include any unwelcome sexually determined behavior, whether direct or by implication, such as:
- Physical contact and advances
- A demand or request for sexual favors
- Sexually colored remarks
- Showing pornography
- Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature
Preventive Measures and Redressal Mechanism
The Vishakha Guidelines mandated employers to take the following preventive measures:
- Prohibit sexual harassment at the workplace.
- Provide a mechanism for redressal of complaints and ensure time-bound treatment of complaints.
- Create awareness about the rights of female employees.
The guidelines also specified the constitution of a Complaints Committee to be headed by a woman, with at least half of its members being women. This committee was to include an NGO or a person familiar with issues of sexual harassment.
Employer\’s Responsibility
The Court held that it was the duty of the employer or other responsible persons in workplaces and other institutions to prevent or deter acts of sexual harassment and to provide procedures for the resolution, settlement, or prosecution of acts of sexual harassment by taking all steps required.
Impact and Significance
The Vishakha Guidelines served as a critical framework to protect women from sexual harassment at the workplace and were instrumental in raising awareness and ensuring accountability. These guidelines were later codified into law with the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Conclusion
The case of Vishakha and Others v. State of Rajasthan is a landmark judgment that significantly contributed to the protection of women\’s rights in India. By establishing the Vishakha Guidelines, the Supreme Court filled a crucial legislative gap and laid the foundation for a safer and more equitable working environment for women. This judgment underscores the role of the judiciary in upholding constitutional rights and addressing societal issues through proactive measures.
Resources
https://byjus.com/free-ias-prep/vishakha-case-1997-sc-judgements
https://indiankanoon.org/doc/1031794
https://main.sci.gov.in/jonew/judis/13856.pdf
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