Author: Arsheya Aashna Sagar, 2nd Year
National Law University Jodhpur
Introduction: One landmark case that was a major judgment in Indian jurisprudence in dealing with the issue of sexual harassment in the workplace is Vishaka v. State of Rajasthan, decided in 1997. The case was triggered by the tragic gang rape of a social worker named Bhanwari Devi from Rajasthan for trying to prevent child marriage. The horrific incident exposed the lack of specific legal provisions to address sexual harassment at work, prompting the Vishaka group, a collective of NGOs, to file a public interest litigation in the Supreme Court.
In the absence of a comprehensive legislative framework, the Court laid down the Vishaka Guidelines to prevent and address sexual harassment at workplaces. These guidelines defined sexual harassment, outlined preventive measures, and mandated the establishment of complaints committees in organizations. The judgment recognized sexual harassment as a violation of fundamental rights under Articles 14, 15, and 21 of the Constitution, as well as the right to work with dignity under Article 19(1)(g).
The Vishaka case laid the foundation for the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. It remains a landmark case in advancing gender justice and protecting the dignity of women in India. Not only this but another issue that this case raises is, violence against women as can be deciphered from the facts of the case as a woman who faced sexual violence for her efforts to bring in a social reform.
Background of the case: The Vishakha case derives its name from an NGO called Vishakha, which actively advocates for women’s rights in Rajasthan. The organization played a crucial role in initiating a legal battle that led to transformative changes in addressing workplace sexual harassment in India. In 1992, while working to stop a child marriage in a Gujjar family, Bhanwari Devi was subjected to a brutal gang rape by influential members of her village. The attack was a direct retaliation for her commitment to social reform. Despite the severity of the crime, the local court acquitted the accused due to an alleged lack of evidence, highlighting systemic failures in delivering justice to marginalized women.
In response to this injustice, Bhanwari Devi, along with other supporters, approached the Supreme Court of India under the banner of the Vishakha platform. They filed a Public Interest Litigation (PIL) seeking the establishment of safeguards to address sexual harassment faced by women at their workplaces. This PIL not only aimed to secure justice for Bhanwari Devi but also sought broader legal reforms to ensure a safer environment for working women across the country. It recognized sexual harassment at the workplace as a violation of fundamental rights and laid down comprehensive guidelines to prevent and address such incidents. This case catalysed the enactment of legislation to protect women’s dignity and safety in professional spaces.
Major findings: The Vishakha judgment by the Supreme Court of India addressed the deep-rooted gender imbalance in society, which manifests in various forms of violence against women, including workplace sexual harassment and rape. The Court recognized the urgent need to address these issues to ensure gender equality and uphold the dignity of women. It emphasized that the existing societal structures often perpetuate injustice against women, requiring systemic changes to create a safer environment for them.
In its judgment, the Court highlighted the necessity of establishing clear guidelines to deal with cases of sexual harassment effectively and fairly. Acknowledging the absence of specific legislation at the time, the Court directed the Union Government to frame policies and guidelines to safeguard women’s rights. These measures aimed to provide women with a secure and supportive environment where they could thrive and contribute across various spheres of life without fear or discrimination.
The Court further underlined that sexual harassment constitutes a grave violation of fundamental rights guaranteed by the Constitution. It infringes on the right to equality under Article 14, the right to practice any profession under Article 19(1)(g), and the right to life and personal dignity under Article 21. This judgment laid the foundation for advancing gender justice in India.
Role of CEDAW: UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was discussed in the Vishaka v. State of Rajasthan case. The Supreme Court of India referred to international conventions and treaties, including CEDAW, to highlight India’s obligations to eliminate discrimination against women and ensure their right to a safe and dignified work environment.
India, as a signatory to CEDAW, has committed to taking appropriate measures to eliminate discrimination and promote gender equality. The Court used CEDAW as a guiding framework to interpret constitutional provisions and strengthen its directives. While India had ratified CEDAW in 1993, there was no specific legislation addressing workplace sexual harassment at the time of the case. The Court emphasized that, in the absence of domestic law, international obligations could be relied upon to ensure justice.
By invoking CEDAW, the Court underscored the importance of aligning domestic practices with international norms to protect women’s rights. This reference reinforced the Court’s rationale for laying down the Vishaka Guidelines, which served as a temporary legal framework until comprehensive legislation, like the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, was enacted.
Vishaka Guidelines: the broad guidelines are as follows: –
It is the duty of the employer, company, or other accountable persons in the workplace to prevent sexual harassment.
Sexual harassment includes:
Physical Contact and Advances
Demanding sexual favours
Sexually coloured comments
Displaying pornography
Any other unwelcome physical, verbal, or non-verbal behaviour of sexual nature.
These guidelines apply to all employers whether public or private sector.
Employers need to establish a robust mechanism to deal with prosecuting sexual offenses.
It should be ensured that victims are not discriminated against because of this complaint.
It was decided that sexual harassment in the workplace should be reported, documented, and dispersed.
Any act of harassment will be dealt with properly, including criminal prosecution and disciplinary punishment.
Employers must set up a complaints committee to deal with complaints of sexual harassment in a time-bound manner.
The head of the complaints committee should be a woman and half of its members must be women.
It is the duty of the employer to aware employees of the Vishakha guidelines.
These are the guidelines that were laid down by the Court in this case to prevent sexual harassment in the workplace.
Judgement of the case: the judgment underscored the critical role of international conventions and norms in interpreting and upholding constitutional principles related to gender equality and human dignity. The Court referred to the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India had ratified, to reinforce its observations. It emphasized that the right to work with dignity is a fundamental human right and is protected under the Indian Constitution.
The Vishaka Guidelines aimed to provide robust safeguards against sexual harassment, recognizing it as a violation of fundamental rights guaranteed by Articles 14, 15, 19(1)(g), and 21 of the Constitution. Article 14 ensures equality before the law, while Article 15 prohibits discrimination based on gender. Article 19(1)(g) guarantees the right to practice any profession or occupation, and Article 21 ensures the right to life and dignity. The Court highlighted that sexual harassment undermines these rights and creates a hostile environment that impedes women’s participation in the workforce.
The guidelines laid down preventive measures, including the establishment of internal complaints committees in workplaces and awareness programs to educate employees about their rights and responsibilities. The Vishaka Guidelines not only provided immediate relief in the absence of legislation but also set the stage for the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This judgment remains a landmark in advancing gender justice and reinforcing the constitutional commitment to equality, dignity, and safety for all individuals in their professional lives.
FAQS
What fundamental rights were recognized as being violated by sexual harassment?
The Court held that sexual harassment violates fundamental rights under:
Article 14: Equality before the law.
Article 15: Prohibition of discrimination based on gender.
Article 19(1)(g): Right to practice any profession or occupation.
Article 21: Right to life and dignity.
What is the significance of the Vishaka case?
The Vishaka case was a landmark in Indian legal history as it laid down interim guidelines to address workplace sexual harassment and emphasized the need for legislation. It paved the way for the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
Who can file a complaint under the Vishaka Guidelines?
Any woman who faces sexual harassment in a workplace setting could file a complaint under the Vishaka Guidelines. This includes employees, trainees, or any woman associated with the workplace in a professional capacity.
How did international conventions influence the judgment?
The judgment referred to the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India had ratified. The Court used CEDAW to emphasize India’s international obligations to protect women’s rights and interpreted constitutional provisions in alignment with global norms.
What fundamental rights were recognized as being violated by sexual harassment?
The Court held that sexual harassment violates fundamental rights under:
Article 14: Equality before the law.
Article 15: Prohibition of discrimination based on gender.
Article 19(1)(g): Right to practice any profession or occupation.
Article 21: Right to life and dignity.
