Author: Vanshika Mulchandani, Prestige Institute of Management and Research, Department of Law, Indore
LinkedIn Profile: https://www.linkedin.com/in/vanshika-mulchandani-6630833a1?utm_source=share_via&utm_content=profile&utm_medium=member_ios
TO THE POINT-
The Supreme court’s landmark judgement on VISHAKA V. STATE OF RAJASTHAN (1997) discussed the issue of sexual harassment at the workplace for the independentwomen’s by Violating their fundamental rights under Article 14- equality before law of the Indian Constitution, Article 15- Prohibition of Discrimination of the Indian Constitution, Article 21- Right to life of the Indian Constitution, and Article 19(1)(g)- Right to practice any profession of the Indian Constitution. This judgment was passed by The Supreme Court on 13th August,1997. For the first time, the Supreme Court recognized sexual harassment in the workplace as a Violation of Fundamental rights under the Indian Constitution. In this case the Supreme Court has framed the Vishaka Guidelines for the protection of women in the workplace;these guidelines have become legally binding all over the country.
The Judgment was given by the Bench of J. S. Verma (then Chief Justice of India), Sujata Manohar, and B.N. Kripal. They defined sexual harassment in the work place and provided the Vishaka guidelines for their protection. It is seen a legal victory for women across the country.
USE OF LEGAL JARGONS-
The Judgement of Vishaka v. State of Rajasthan has a landmark precedent in the Constitution of India, labor laws, and gender-based discrimination. The Supreme Court has applied under Article 32 (writ jurisdiction) of the Constitution of India to enforce and protect fundamental rights.
The Supreme Court has addressed that the sexual harassment at the workplace is a violation of Article 14, Article 15, Article 19, and Article 21 of the Indian Constitution. The court has defined what sexual harassment means-
Sexual harassment: It is defined Sexual Harassment as Unwelcome sexually determined behavior (whether direct or indirect), such as physical contact, demands for sexual favors, sexually colored remarks, or any other unwelcome physical, oral, or gestural conduct of a sensual nature.
The bench relied upon India’s international law, particularlythe Conventions on the Elimination of All Forms of Discrimination Against Women (CEDAW). The court saidthat where domestic law is silent, international laws are an instrument that is consistent with constitutional principles.
THE PROOF-
The judgment passed on Vishaka v. State of Rajasthan has a legal impact on society. This Vishaka judgement has created a larger impact on the workplace and gender equality. The court relied on the triggering incident of Bhanwari Devi’s sexual harassment at her workplace, she was a government employee, a social worker who works for the women development program by the Rajasthan government. She was brutally gang-raped while performing her duty of preventingchild marriage. This incident showed the seriousness of violations against women’s rights.
The Supreme Court observed that “Gender equality includes protection from sexual harassment and the right to work with dignity”. Later, Court held that “sexual harassment at the workplace is a violation of Article 14, Article 15, Article 19, and Article 21 under the Indian Constitution. This judgment can lead to the enactment of “sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
ABSTRACT-
The major landmark judgement case “Vishaka v. State of Rajasthan”, the verdict was passed on 13th August,1997. In the bench of J.S. Verma, Sujata Manohar, and B.N. Kripal. This case was one of the failures of the legal system to provide protection of women. The case proceeds from the gang-rape of Bhanwari Devi, a social worker and a Rajasthan Government employee who works for a women development program run by the Government of Rajasthan. She has a duty to prevent child marriages in society, while performing her duty, she was brutally gang-raped. Due to her efforts, the accused person was angry with her, and on 22nd September 1992, they gang-raped her. As a result, the police and medical officers did not treat the matter properly, and she was not given justice. Then, days later, several women’s organization named “Vishaka” filed a PIL under Article 32 writ jurisdiction in the Supreme Court for the protection of women from sexual harassment at the workplace. In response, the Supreme Court held that sexual harassment at the workplace is a violation of fundamental rights under Article 19, Article 14, Article 15, Article 21, and Article 32 of the Indian Constitution. The Supreme Court has announced the Vishaka guidelines for the protection of women in the workplace.
Background of the case-
The case originated from the brutal gang-rap of Banwari Devi; she was a social worker on the Rajasthan Government’s women development program. Her duty was to prevent child marriage, which led to the incident exposing the legislative gap and highlighted the vulnerability of women employees. The absence of any legal framework against harassment and gender-based discrimination in the work place, especially for women’s protection.
As a consequence, the group of women’s organizations named “Vishaka” filed a petition under public interest litigation (PIL)under Article 32, seeking justice and protection for women in the workplace.
Issue before the court –
1. Does sexual harassment in the workplace violate their fundamental rights?
2. Does the employer have a legal duty to provide a safe working environment?
3. What protective measures should be taken for women in the workplace?
Constitutional provisions-
1. ARTICLE 14: RIGHT TO EQUALITY
Article 14 guarantees equality before the law and equal protection of the law for all. The court held that sexual Harassment violates women’s right to equality.
2. Article 15: Prohibition of Discrimination
Article 15 prohibits gender-based form of discrimination. Sexual harassment in the workplace is recognized as a discrimination on the basis of gender.
3. Article 21: Right to life and personal liberty
Article 21 includes the right to life, dignity, and safety. Sexual harassment directly violated individual privacy and personal liberty.
4. Article 19(1)(g): Freedom of profession
Every citizen has the right to practice the profession of their choice. Sexual harassment violates women’s ability to practice their profession freely.
5. International law-
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),1979
The Supreme Court relied upon CEDAW to frame the Vishaka guidelines, later India ratified it to strengthen constitutional protection for women.
JUDGEMENT-
The Supreme Court, Chief Justice J.S. Verma, verdict that sexual harassment at the workplace is strict Violation of fundamental rights defined under Article 14, Article15, Article 19(1)(g), and Article 21 of the Constitution of India. This verdict led to the enactment of “sexual harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act,2013 (Posh Act). The court observed that women have a right to work with dignity.
The Supreme Court has laid down the Vishaka guidelines, which were binding on all employers and organizations all over India.
“VISHAKA GUIDELINESS”
The Vishaka guidelines were laid down for the prevention of sexual harassment at the workplace forindependent women because at that time there was an absence of any legislative framework for the safety of women. The Government laid down some guidelines-
1. Clarification of sexual harassment: The court clarified sexual harassment as uninvited sexually determined behavior, including-
– Physical contact and advances
– Sexually colored remark
– Demand or request for sexual behavior
– Any unwelcome physical, oral, or gestural conduct of a sensual nature.
2. Duty of employers:
– Employer must prevent and detect acts of sexual harassment at the workplace.
3. Complaint Committee:
– Every workplace should establish a company committee to help company employees.
– It should be headed by a female also.
4. Protection of victims:
– Victims should be protected with proper laws and regulations and a transfer option should be provided to the victims or the accused if necessary.
5. Awareness program:
– Employers should conduct an awareness program and educate employees regarding women’s rights.
CASE LAWS-
1. Apparel Export Promotion Council v. A.K. Chopra(1999)-
The court applied principles laid down by Vishaka guideless and highlighted that physical contact is not necessary to establish sexual harassment and women are entitled to work in an environment free from humiliation.
2. Medha Kotwal Lele v. Union of India (2013)-
The court observed that several institutions and organizations had failed to implement the Vishaka guidelines effectively. The court directed all statesto ensure strict compliance with the Vishaka guidelines, and held that mere paper compliances isnot enough.
CONCLUSION-
The decision in Vishaka v. State of Rajasthan was a constitutional turning point in Indian legal history. The Supreme Court recognized that the issue of sexual harassment in the workplace is not merely a personal grievance but a legal issue affectingprivacy, dignity, and equality. It also violates the fundamental rights of a woman under the Constitution of India. Through the Vishaka guidelines, the court established accountability for employers, promoted gender- sensitive workplace, and improved the constitutional value of privacy, equality, and freedom.
The judgment proves the judiciary’s commitment to gender justice and constitutional morality. It laid the foundation for the enactment of the sexual harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act,2013. Even after year later, Vishaka remains a powerful reminder that constitutional rights are meaningful only when individuals exercise them in conditions of dignity, safety, and equality.
FREQUENTLY ASKED QUESTIONS-
1. What is the Vishaka case?
The Vishaka v. State of Rajasthan was a court ruling case which established a guideline for sexual harassment in the workplace.
2. What are the Vishaka guidelines?
The Vishaka guidelines are judicially framed by the Supreme Court of India to prevent sexual harassment.
3. Which law is replaced by the Vishaka guidelines?
The sexual harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act 2013 replaced the Vishaka guidelines.
4. Which constitutional provisions are involved?
Article 14, Article 15, Article 21, Article 19(1)(g), Article 32 of the Constitution of India.
5. What is considered sexual harassment under Vishaka guidelines?
Sexual harassment includes unwelcome physical contact, demand or request for sexual favours, sexually coloured remark, and other oral orgestural conduct of a sensual nature.
