Author: Yashasvi, Law College Dehradun
Abstract
The landmark judgment in Vishaka v. State of Rajasthan(1997) is a cornerstone in India’s legal history, marking the first formal recognition of workplace sexual harassment as a violation of fundamental rights. Triggered by the brutal gang rape of Bhanwari Devi, a social worker in Rajasthan, the case underscored systemic gaps in
safeguarding women in their workplaces. This article critically examines the genesis
of the Vishaka Guidelines, their legal framework, and their transformative impact on workplace safety, culminating in the enactment of the Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
To the Point
Sexual harassment at the workplace violates fundamental rights under Articles 14 (equality), 15 (prohibition of discrimination), 19(1)(g) (right to practice any
profession), and 21 (right to life and dignity) of the Indian Constitution. Before the Vishaka judgment, there were no specific laws addressing workplace harassment.
The Supreme Court, acting as a pioneer, provided guidelines based on the principles of international conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).This case introduced the idea that workplaces are not neutral spaces but require a legal and moral obligation to prevent gender-based discrimination and harassment.
The Proof
The Vishaka judgment was rooted in the tragic case of Bhanwari Devi, who faced social ostracism and systemic injustice after attempting to stop child marriage in her
community. Her plight exposed a glaring absence of legislative frameworks to protect women against sexual harassment.The judgment laid down binding guidelines for all employers, requiring them to:
1. Form internal complaint committees with a majority of women, including an
external expert.
2. Conduct awareness programs about workplace sexual harassment.
3. Provide accessible grievance redressal mechanisms.
4. Ensure confidentiality in handling cases to protect the victim’s dignity.
The court’s invocation of CEDAW emphasized India’s obligation under international
law to create gender-sensitive workplaces.
Case Laws
1. Vishaka v. State of Rajasthan (1997)
– This case introduced binding guidelines to ensure workplace safety for women. It
declared sexual harassment a violation of constitutional rights.
2. Medha Kotwal Lele v. Union of India (2013)
– The Supreme Court reiterated the binding nature of the Vishaka Guidelines and
directed all public and private institutions to establish Internal Complaints
Committees (ICCs).
3. Delhi Domestic Working Women’s Forum v. Union of India (1995)
– This case emphasized the need for victim-friendly processes in cases of sexual
violence, including counseling and legal aid.
4. Apparel Export Promotion Council v. A.K. Chopra (1999)
– The court expanded the definition of sexual harassment to include any act that
violates a woman’s dignity at work.
5. Rupan Deol Bajaj v. Kanwar Pal Singh Gill (1995)
– A significant case addressing harassment in public spaces and the workplace,
reinforcing the importance of dignity and respect for women.
Conclusion
The Vishaka Guidelines were a watershed moment in India’s struggle for gender
equality and workplace safety. They bridged a crucial gap in the legal framework and provided an interim solution until the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. While the guidelines and subsequent legislation have been pivotal in empowering women,challenges persist. Poor awareness, lack of implementation, and cultural stigmas still
deter victims from seeking justice.Continued efforts, including stringent enforcement, awareness campaigns, and
gender-sensitization programs, are essential to create truly safe and inclusive workplaces.
FAQS
1. What led to the formulation of the Vishaka Guidelines?
– The brutal gang rape of Bhanwari Devi, a social worker in Rajasthan, highlighted
the systemic failure to address workplace harassment, prompting the Supreme Court
to intervene.
2. How are fundamental rights linked to the Vishaka Guidelines?
– The guidelines were based on Articles 14, 15, 19, and 21 of the Constitution,
ensuring equality, non-discrimination, the right to livelihood, and dignity for women.
3. What is the impact of the Vishaka Guidelines on Indian legislation?
– They paved the way for the *POSH Act, 2013*, which codifies workplace
harassment laws and prescribes detailed procedures for redressal.
4.What challenges remain in implementing these guidelines?
– Issues include lack of awareness, inadequate training for ICC members, fear of
retaliation among victims, and resistance from employers in certain sectors
