Author: Vardha Verma, Student at Jindal Global University
The landmark judgment of the Supreme Court of India in Vishaka v. State of Rajasthan (1997) is a milestone in the fight against sexual harassment at the workplace. This case alone threw to light the empty portions of present laws in dealing with workplace harassment but also provided for a comprehensive setting that fills the legal vacuum until suitable legislation can be framed. The judgment was a shining example of an active judiciary towards fundamental rights and gender equality.
The case was filed after a brutal gang rape of Bhanwari Devi, a social worker from Rajasthan who was targeted for trying to stop a child marriage in her village. Though the crime had all the features of horror, the trial court acquitted the accused. This case reflected the failures of the system in dealing with sexual violence and harassment. It was the incident that catalyzed a group of women’s rights organizations together known as Vishaka to approach the Supreme Court, seeking remedies to prevent sexual harassment at workplaces.
The Supreme Court, under then Chief Justice J.S. Verma, brought an important legal breakthrough by recognizing that sexual harassment at the workplace was an infringement on women’s rights. While understanding the immediate requirement of preventive and remedial measures to deal with this widespread phenomenon, it came down with the Vishaka Guidelines, which were the guiding principles to attack sexual harassment at workplace until the appropriate legislation was promulgated.
The Vishaka Guidelines had laid down procedures and preventive steps so that there could be a healthy and equitable environment at the place of work. The Court explained sexual harassment through a proper definition, encompassing unwelcome physical, verbal, or non-verbal conduct of a sexual nature. It put a lot of responsibility on employers to act in advance against the harassment; formulating the policy at the place of work, raising the issue, etc. The guidelines mandated the formation of a complaints committee in every workplace, headed by a woman and consisting of a majority of female members, along with an external member who was conversant with gender issues. Confidentiality and protection against retaliation were ensured, thus protecting the dignity and safety of complainants.
The Vishaka judgment marked a turning point in the discourse on gender equality and workplace safety in India. It was an example of judicial activism; the judiciary taking the initiative and filling the gap in the law to protect basic rights. Defining sexual harassment, the judgment brought to focus an issue not given much significance in legal discourse or social deliberations. This also set the groundwork for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which granted statutory recognition to the principles laid down in the Vishaka judgment. The judgment in question drew inspiration from international conventions such as CEDAW and aligned domestic laws with global standards.
Although the Vishaka Guidelines were an important interim measure, their enforcement was largely left to the goodwill of employers and institutions. Without statutory backing, they could not be effectively enforced. It was only in 2013 that, after long years of advocacy and growing awareness, the Indian Parliament enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, giving statutory recognition to the principles laid down in the Vishaka judgment. The Act retained the substance of the guidelines but introduced more safeguards and mechanisms.
Workplace harassment in India is still an issue despite the significant strides taken since the Vishaka judgment. Most workplaces, especially in the unorganized sector, lack functional complaints committees and effective redressal mechanisms. Deep-rooted patriarchal attitudes often discourage women from reporting incidents of harassment, fearing stigma or retaliation. Additionally, both employers and employees usually do not know about their rights and responsibilities in law. In this regard, the issue has to be tackled from all ends. Institutional mechanisms need to be made stronger. There needs to be frequent awareness programs conducted, and gender sensitivity should be fostered. It would ensure that workplaces are safer and more equitable for everyone.
The judgment in Vishaka v. State of Rajasthan was a watershed moment in the development of women’s rights in India. Not only did it provide a framework to deal with sexual harassment but also reiterated the judiciary’s commitment to constitutional principles of equality and dignity. However, much progress has been achieved since 1997, but the journey continues towards creating workplaces safe and inclusive in all respects. By building on the foundations laid by this historic judgment, India can strive toward a future where every individual, regardless of gender, can work with dignity and security.