Author: Kanak Vashishth, sgt university Gurugram
To the Point
The Supreme Court took a bold step in the absence of any specific law on workplace sexual harassment. Triggered by the brutal gang rape of a social worker, Bhanwari Devi, the Court laid down guidelines (popularly known as the Vishaka Guidelines) that were made legally binding under Article 141 of the Constitution. And let them understand how they can use the act. For safety purposes when they work outside in any company or any field, even if it’s the medical field or any other field, she gets the protection under the POSH Act. And under articles 14, 15, 19, and 21, they got fundamental rights for themselves. So they can use that article for safety purposes only.
Use of Legal Jargon (Explained Simply)
• Article 141: Law declared by the Supreme Court is binding on all courts in India.
• Fundamental Rights Violated:
Article 15: Prohibits discrimination on grounds of sex
Article 19(1)(g): Freedom to practice any profession
Article 21: Right to life and personal dignity
There was no existing domestic law at that time to protect women from sexual harassment at work.
The Proof (Facts of the Case)
Bhanwari Devi, a social worker in Rajasthan, tried to stop a child marriage in her village as part of a government campaign. In retaliation, she was gangraped by upper-caste men. In
Frustrated by the legal silence on workplace harassment, a group of women’s rights organizations filed a Public Interest Litigation (PIL) in the Supreme Court. This case became the turning point for how India dealt with sexual harassment at work. Since there was no existing legislation, the Court was compelled to step in and formulate guidelines to safeguard the dignity of working women. In any field, even if she is in the corporate field. Or she served as a public servant, which gave her some security in her workplace. So that she gets an equal opportunity to prove her work to society and so that she can be independent as well. At least this much to have a good life. And she lives her life with the respect all women deserve. And by this guideline women learn about their rights. And how they can take a stand for themselves against the patriarchal society and against those who still have patriarchal thoughts about women in the working area.
Abstract
This article explores the landmark judgment in Vishaka v. State of Rajasthan (1997), where the Supreme Court took a historic step to safeguard the dignity and safety of working women in India. In the absence of any specific law, the Court laid down the Vishaka Guidelines to address sexual harassment at the workplace. Years later, the Parliament translated these guidelines into statutory law through the POSH Act, 2013 It is the first case that talks about sexual harassment in the workplace. with the help of these guidelines. Women get to know about things like if she bears any sexual assault, then by these guidelines and act, she can file a complaint against the person. And sue him and can file an FIR against him for harassing her or molesting her for their lust and bad intention. Even if she is in her working hours or non-working hours. She gets the safety by police. And the person gets arrested for sexually harassing a woman in the workplace.
Case Laws (with Relevance)
1. Medha Kotwal Lele v. Union of India (2013)
o Reiterated the importance of implementing Vishaka Guidelines.
o Highlighted the government’s failure in effective enforcement.
2. Apparel Export Promotion Council v. A.K. Chopra (1999)
o Reinforced that even unwelcome gestures or actions can amount to sexual harassment.
o Upheld the punishment of a senior officer for sexually harassing a junior woman employee.
Conclusion
The Vishaka judgment didn’t just create guidelines—it started a legal revolution. The court stood up when lawmakers were silent and gave Indian women a voice against harassment. It was a brilliant use of judicial power to create a safer, more equal society. And sometimes it became a public duty to take care of women’s safety in the workplace. Not only in the workplace but in every field where women and men both are working. So after the judgement of this case, parliament became strict toward women’s safety, and by the guideline, women must learn about their rights and what they can do if they get harassed in their workplace, wherever she works under. At a time when lawmakers failed, the judiciary stepped in to protect women’s right to work with dignity. It was a moment where constitutional morality triumphed over patriarchal silence. And women suffered because of their poor mentality about working women. According to patriarchy rule, the earning must be done by males. So few men can handle this. And then to satisfy them, they start bullying women or start targeting them. To make them weak, they choose to make them scared by their act. But before that time women are scared to take action against that man because at that time, like 1997, there is a patriarchy system; most people think that a girl can’t take any action, or she is going to be silent. At that time when a girl gets bullied or harassed, society makes her scared about the name of family respect. So a large number of girls can’t do anything, and a few girls don’t even know what to do, as they don’t have any information about this morality won over patriarchal silence.
FAQs on Vishaka Case
Q1: Who was Vishaka in this case?
Answer: Vishaka was not a person but a women’s rights group that filed the PIL along with other NGOs.
Q2: What triggered the Vishaka judgment?
Answer: The gangrape of Bhanwari Devi, a social worker, by upper-caste men in Rajasthan when she tried to stop a child marriage.
Q3: What are the Vishaka Guidelines?
Answer: These are judicially created rules to prevent and redress workplace sexual harassment. They remained binding until the POSH Act came into effect.
Q4: Is the Vishaka judgment still valid?
Answer: The guidelines were replaced by the POSH Act, 2013, but the case still holds historic and legal significance.
Q5: What is Article 141 and why is it important in this case?
Answer: Article 141 makes Supreme Court decisions binding on all courts. It gave legal weight to the Vishaka Guidelines despite the absence of a law.
Q6: What is the POSH Act?
Answer: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which codifies the Vishaka Guidelines into law.
Q7: Was the Vishaka case an example of Judicial Activism?
Answer: Yes. It’s a textbook example of how courts stepped in to fill a legislative gap and protect Fundamental Rights
