Vishaka & Ors. V/S State of Rajasthan [1] is a case that deals with the evil of sexual harassment in the workplace. It is a landmark judgment case by the Supreme Court of India in the case of sexual harassment.
Facts of the case In Vishaka &Ors v State of Rajasthan & ors :
Bhanwari Devi, a lady from, Rajasthan, worked under the Women’s Development Project run by govt of Rajasthan. She took up an issue against child marriage as part of her job, but the villagers were ignorant and continued supporting child marriage. Ram Karn Gurjar’s family decided to conduct child marriage. Bhanwari attempted to convince the family. However, the family chose to proceed with the wedding. On 5th May 1992, the sub-divisional and the Deputy Superintendent of Police went to stop the marriage. However, the marriage took place the following day. The villagers proved that the police visited due to Bhanwari Devi’s actions. This led to Bhanwari Devi and her family spurning, whereby she lost her job. In September 1992, Ramkaran Gujjar and five men from the above family attacked Bhanwari Devi’s husband and brutally gang-raped her. There was an intentional delay in lodging the complaint and investigation and medical examination, which was adjourned for fifty-two hours only to find that no reference to rape was mentioned in the report. At the police station, she was repeatedly taunted by the police constable. At past midnight, she was asked by the policeman to leave her lehenga as evidence of the incident. As a result, she had to wrap her body in her husband’s bloodstained dhoti. The trial court discharged the accused for not being guilty. However, in his decision, the High Court stated that it was a case of gang rape with vindictive intent. A PIL was filed by a women’s rights organization called ‘Vishaka’, which focused on the enforcement of fundamental rights under provisions of Articles 14, 15, 19 & 21 of the Indian Constitution.
Issues In Vishaka Case :
- Whether fundamental rights are compromised due to sexual harassment at the workplace, formal guidelines are required to deal with the incidents of sexual harassment in the workplace.
- Whether the employer has any responsibility in case of such incidents
Judgment:
The Court held that under Articles 14[2], 15, 19 [3](1) (g), and 21[4] of the constitution of India, sexual harassment at the workplace was violative of fundamental rights. The Court also defined sexual harassment as “sexually
.
Determined behaviour (whether directly or indirectly) like physical contact and advances, a demand or request for sexual favors, sexually colored remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of sexual nature. The Honorable Court also acknowledged the lack of adequate legislation and loopholes which allowed such heinous crimes to thrive. To delve deeper, the Court referred to international conventions. Articles 11(1), (a), and (f) and Article 24 of the Convention on the Elimination of All Forms of Discrimination Against Women were cited. The Hon’ble Supreme Court laid down the rules to preclude sexual harassment at the workplace, known as ‘Vishaka Guidelines’, under Article 141-
- An organization must have a redressal committee to address harassment. This should be independent of whether the demonstration establishes an offence under the Indian Penal Code, 1860, or some other laws. A report needs to be sent to the government annually.
- There need to be provided healthy work conditions in the matter of hygiene, comfort & health.
- For the offences that fall under the domain of the Indian Penal Code, 1860, the employer must report the authority.
These rules laid down the foundation for The Sexual Harassment of Women at the workplace ( Prevention, Prohibition & Redressal) Act, 2013.
NAME OF THE CASE VISHAKA & ORS. V STATE OF RAJASTHAN
& ORS
CITATION OF THE CASE AIR (1997) SC 3011
NAME OF THE COURT HON’ABLE SUPREME COURT OF INDIA
HON’BLE BENCH Chief Justice J.S Verma, Justice Sujata V.
Manohar & Justice B.N. Kirpal.
JUDGEMENT PASSED ON 13TH AUGUST 1997
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By Eshika Thakur intern at Fastrack Legal Solutions
