Author -Anisha Parveen, Jamia Hamdard, New Delhi
To the Point
The Vishakha judgment is a landmark decision wherein the Supreme Court of India, invoking international human rights conventions, laid down binding guidelines to prevent sexual harassment at the workplace. In the absence of domestic legislation, the Court stepped in to protect women’s rights to life, dignity, and equality under Articles 14, 15, 19(1)(g), and 21 of the Constitution.
Use of Legal Jargon
Sexual Harassment – Any unwelcome sexual behaviour, including physical contact, advances, or sexually coloured remarks.
Fundamental Rights – Basic rights guaranteed under Part III of the Constitution.
Writ Petition – A formal written request filed before a court for relief under Article 32 or 226.
Judicial ruling – A judgment that serves as an authoritative rule in future similar cases.
Obiter Dicta – comments made by a judge that are not binding but persuasive.
The Proof
The case arose out of the brutal gang rape of Bhanwari Devi, a social worker in Rajasthan who was assaulted for attempting to stop a child marriage. Outraged by the state’s inaction and absence of any law addressing workplace harassment, women’s rights groups filed a Public Interest Litigation (PIL) under Article 32.
The Supreme Court recognized sexual harassment as a violation of fundamental rights and framed the Vishakha Guidelines a set of enforceable directives until appropriate legislation was passed. These were later explained in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Abstract
The Vishakha case is a milestone in Indian jurisprudence that filled the legal vacuum regarding sexual harassment at workplaces. By interpreting constitutional rights considering international conventions like CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women), the Supreme Court framed legally binding guidelines in 1997. This article critically analyses the origin, content, and impact of the judgment, its alignment with international law, and its enduring significance in promoting gender justice.
Case Laws
Vishaka & Ors. v. State of Rajasthan & Ors.(1997) 6 SCC 241
Bench: J.S. Verma (C.J.), Sujata V. Manohar, B.N. Kirpal (JJ)
Facts of the Case –
Bhanwari Devi, a social worker in Rajasthan, was trying to stop a child marriage in a village. Despite her efforts, the marriage took place. As revenge, five men gang-raped her in 1992. The police were unhelpful and treated her and her husband inhumanely. The accused were later acquitted by the trial court. In response, women’s rights groups filed a petition under the name “Vishaka” in the Supreme Court. They demanded protection for women at workplaces against sexual harassment.
Issue
The court was asked to frame guidelines to prevent sexual harassment of women at the workplace, as there was no existing law to deal with it.
Judgment Highlights
Sexual harassment at the workplace violates fundamental rights:
Article 14 (Equality before law)
Article 19(1)(g) (Right to practice any profession)
Article 21 (Right to life with dignity)
In the absence of a law, the court used international conventions, like the CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women), to frame guidelines.
The court used Article 32 for enforcement and relied on Article 51(c) and Article 253 of the Constitution to support its authority.
The guidelines were to be treated as law under Article 141 (law declared by the Supreme Court is binding).
Vishaka Guidelines
Employer’s Responsibility: Prevent sexual harassment and have a proper mechanism to handle complaints.
What is Sexual Harassment?
Any unwelcome sexual behaviour, such as:
Physical contact or advances
Asking for sexual favor
Sexually coloured remarks
Showing pornography
Any other unwelcome verbal, physical, or non-verbal conduct.
Mandatory Actions by Employers:
Clearly inform employees about the prohibition of sexual harassment
Include anti-sexual harassment rules in government/public sector regulations
Private employers must include these rules under the Standing Orders Act
Provide a safe, respectful, and equal work environment
Criminal Offences: If the act is a crime (under IPC or other laws), the employer must file a police complaint and protect the victim.
Disciplinary Action: If it violates service rules, disciplinary action should be taken.
Internal Complaint Mechanism: Even if the act isn’t a criminal offence, there should be an internal system to address it.
Complaints Committee:
Headed by a woman
At least half the members must be women
Make sure to include an NGO or someone who really knows about the issue.
Should offer support, counselling, and submit annual reports to the government
Regular Discussions: There should be employer-employee meetings to discuss such issues.
Awareness: Employers must spread awareness about sexual harassment and its consequences.
Impact
These guidelines considered the law until the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was passed.
Medha Kotwal Lele & Others v. Union of India & Others
Background
This case talked about how the Vishaka Guidelines (made in 1997 to stop sexual harassment at work) were not properly followed. These guidelines were supposed to be followed until proper legislation was passed. Despite the guidelines being in place, they were often ignored or not enforced properly.
Issue:
Whether the Vishaka Guidelines were being effectively implemented, and what could be done to strengthen their enforcement until a law was enacted.
Court Observations:
The Court noted that most workplaces did not take the guidelines seriously.
Complaints Committees, a core requirement of the guidelines, were not properly formed or functional in many places.
Reports of these committees should be treated with the same seriousness as any official disciplinary inquiry.
Supreme Court Directions:
Civil Services Conduct Rules:
All states and union territories had to amend their service rules within 2 months so that complaints committee reports are treated as disciplinary inquiry reports.
Industrial Employment Rules:
Similar amendments were to be made in the Standing Orders Rules that apply to private sector workplaces.
Formation of Complaints Committees:
Adequate number of committees to be set up at taluka (block), district, and state levels. Each committee must be headed by a woman and include an independent member (e.g., from an NGO).
Implementation in Public and Private Sector:
Every organization (public or private) must establish proper mechanisms to enforce the Vishaka Guidelines. The victim should not be forced to work with the accused. Any harassment of witnesses should lead to strict disciplinary action.
Professional Bodies’ Role:
Organizations like the Bar Council of India, Medical Council of India, and others must ensure that their members and affiliates comply with the Vishaka Guidelines.
Impact:
This case emphasized that the Vishaka Guidelines must be treated seriously, and that concrete steps had to be taken at all levels until a law was passed.
Eventually, this pressure contributed to the passing of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Conclusion
The Vishakha judgment is a classic example of judicial activism and constitutional morality, where the Supreme Court took a proactive role in filling legislative gaps to protect fundamental rights. It transformed gender justice in India by not only recognizing the problem of workplace harassment but also by prescribing a concrete framework for redressal. The eventual enactment of the 2013 Act owes much to this judgment, making Vishakha a watershed moment in the Indian feminist legal movement.
FAQs
Q1. What is the Vishakha judgment?
A: It is a 1997 Supreme Court judgment that laid down guidelines to prevent sexual harassment of women at workplaces in the absence of a specific law.
Q2. What constitutional rights did the Vishakha judgment invoke?
A: Articles 14 (equality), 15 (non-discrimination), 19(1)(g) (right to profession), and 21 (right to life and dignity).
Q3. What are the Vishakha Guidelines?
A: A set of directives issued by the Supreme Court that mandated all workplaces to prevent and redress sexual harassment, including setting up complaint committees with female representation.
Q4. Are the Vishakha Guidelines still in force?
A: They were in force until the 2013 Act was enacted, which now governs workplace sexual harassment. However, the principles continue to guide the interpretation of the law.
Q5. What law replaced the Vishakha Guidelines?
A: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Q6. What is the Medha Kotwal case about?
This case deals with the poor implementation of the Vishaka Guidelines, which were laid down by the Supreme Court in 1997 to prevent sexual harassment at workplaces. The petitioners demanded stricter enforcement until a law was passed.
Q7. Who were the petitioners in this case?
The petition was filed by Medha Kotwal Lele and other women’s rights activists who highlighted that the Vishaka Guidelines were not being followed effectively across the country.
Q8What was the main issue in this case?
The main issue was the lack of implementation and enforcement of the Vishaka Guidelines by employers, government institutions, and professional bodies.
Q9. What did the Supreme Court observe?
The Court noted that:
The Vishaka Guidelines were being neglected.
Complaints Committees were often not formed.
Victims were not getting proper support.
Disciplinary actions were weak or missing.
Q10. What directions did the Supreme Court give?
The Court issued several mandatory directions, including:
Amend service rules to recognize complaints committee reports as official inquiry reports.
Set up Complaints Committees at all levels (state, district, taluka), headed by women and including independent members.
Ensure victims are protected from the accused during and after the complaint process.
Strictly punish harassment of witnesses.
Professional bodies like the Bar Council of India and Medical Council of India must ensure compliance among their members.
Q11. What was the impact of the case?
This case pushed the government and institutions to take workplace harassment more seriously and eventually led to the enactment of the Sexual Harassment of Women at Workplace Act, 2013.
Q12. Is the Medha Kotwal judgment still relevant today?
Yes. It reinforced the importance of accountability and enforcement, making it clear that guidelines are useless unless applied in practice. It laid the groundwork for workplace safety laws for women.
Q13. What does this case teach us?
That having rules on paper is not enough there must be a strong system to enforce them, with clear monitoring, support for victims, and disciplinary actions.
