Author: Isha, Chandigarh Law College, CGC University.
To the Point
Vishakha v. State of Rajasthan (1997), was a landmark Supreme Court Ruling against the sexual harassment of women at their workplace. This case was the first major judgment on workplace harassment of women. Before 1997, there was no specific legal framework. Bhanvari Devi, who was a social worker in Rajasthan, tried to stop child marriage in her village in 1992 and then she was subsequently gang- raped by five men of the same village. Later, a PIL was filed by a group of women working in an NGO under Article 32 of the Constitution in the Supreme Court. Sexual harassment constitutes a direct infringement of the Fundamental Rights enshrined in the Constitution under Article 14, Article 15, Article 19(1)(g), Article 21. This case laid the foundation for the enactment of the POSH Act, 2013. Thus, the Vishakha judgment became a turning point that finally recognized a women’s right to a safe and dignified workplace as the fundamental constitutional guarantee.
Use of Legal Jargon
Fundamental Rights: Basic Rights enshrined under the Part III of the Constitution.
Article 14: Ensures equal treatment to all individuals in the eyes of law.
Article 15: Prohibits discrimination against any citizen on the grounds of religion, caste, race, sex or place of birth.
Article 19 (1) (g): Guarantees every citizen freedom to practise any profession or to engage in any occupation, trade or business.
Article 21: Guarantees right to life and personal liberty to all individuals. This right is very wide and includes many rights.
Article 32: This Article grants the right to individuals to directly approach the Supreme Court for the violation of their Fundamental Rights.
Judicial Activism: Proactive role of the judiciary in protecting the rights of the individuals in the absence of laws or statutes.
The proof
FACTS OF THE CASE – Bhanwari Devi was a social worker in a village in Rajasthan, who was gang-raped while she was trying to prevent child marriage in the village. This incident reflected the severe lack of protection for women. At that time, there was no specific law for the protection of women at the workplace. Vishakha was a Non-Governmental Organisation in Rajasthan, filed a PIL under Article 32 to the Supreme Court of India for the violation of the Articles 14, 15, 19(1)(g) and 21 of the Constitution.
ISSUES RAISED – Whether the absence of specific legislation amounts to violation of Fundamental Rights ? Whether the Supreme Court could lay down guidelines when no law existed ?
JUDGEMENT – This case was the first that created the legal framework to address workplace sexual harassment in India and protected women’s constitutional rights. The Supreme Court held that the sexual harassment of women at workplace amounts to a violation of Fundamental Rights. The court also stated that lack of specific law cannot deprive women of their constitutional rights. The court relied on the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) to strengthen its reasoning.
Case Laws
Apparel Export Promotion Council v. A. K. Chopra (1999): The Supreme Court strongly relied on Vishakha Guidelines and expanded their scope and held that even an attempt to sexually harass a woman is a serious misconduct.
Medha Kotwal Lele v. Union of India (2012): The Supreme Court stated that Vishakha Guidelines must be followed until legislation is enacted.
Nisha Priya Bhatia v. Union of India (2020): The Supreme Court held that sexual harassment committees must be fair, independent and complaint with Vishakha standards.
Punjab & Sind Bank v. Durgesh Kuwar (2020): The Supreme Court stated that the Internal Complaints Committee must follow principles of natural justice, provide a fair hearing, and issue reasoned findings.
Conclusion
In the light of above discussion, the case stands out as landmark in ensuring gender justice and constitutional protection for women. Vishakha guidelines continue to serve as a guiding pillar for workplace gender justice in India. This judgment is significant as it filled a legislative vacuum and laid down binding guidelines that shaped the future of gender justice in India. Vishakha judgement protected the fundamental rights of women by declaring workplace sexual harassment a direct violation of Article 14, 15, 19 and 21. It upheld women’s fundamental rights by making safety and dignity at work a constitutional requirement. Over the years, the principles of Vishakha evolved into a comprehensive statute, culminating in the POSH ACT, 2013. Even today, ongoing efforts and renewed commitment are necessary to fully implement the protections envisioned in the Vishakha guidelines. Moving forward, it urges sustained commitment to ensure safety and equality remain central to every workplace.
FAQS
Q1. What was the Vishakha Case about ?
This case was about the issue of sexual harassment of women at workplace and lack of specific legislation to address the issue.
Q2. Why is the Vishakha Judgement considered as a landmark ?
It is considered as landmark because the Supreme Court laid down the guidelines to address the issue of sexual harassment of women at workplace due to the lack of specific legislation.
Q3. What are the Vishakha guidelines ?
These are a set of mandatory guidelines issued by the Supreme Court of India to address the issue.
Q4. Are Vishakha Guidelines still applicable after POSH ACT 2013 ?
Yes, Vishakha guidelines are still applicable as the Act provides a statutory and more detailed mechanism.
