Vishakha and others v. State of Rajasthan

Vishaka & Ors vs State Of Rajasthan & Ors ((1997) 6 SCC 241) – landmark case on sexual harassment

Law Junction

Author: Verma

Bench: Cji , Sujata V. Manohar,  B. N. Kirpal

PETITIONER:

VISHAKA & ORS.

            Vs.

RESPONDENT:

STATE OF RAJASTHAN & ORS.

DATE OF JUDGMENT: 13/08/1997

BENCH:

CJI, SUJATA V. MANOHAR, B. N. KIRPAL

Vishaka and Ors. v State of Rajasthan was a 1997 Indian Supreme Court case where various women's groups led by Naina Kapur and her organisation, Sakshi filed Public Interest Litigation (PIL) against the state of Rajasthan and the central Government of India to enforce the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India. The petition was filed after Bhanwari Devi, a social worker in Rajasthan, was brutally gang raped for stopping a child marriage.

                                                                    The court decided that the consideration of "International Conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in Articles 14, 15, 19(1)(g) and 21 of the Constitution and the safeguards against sexual harassment implicit therein." The petition, resulted in what are popularly known as the Vishaka Guidelines. The judgment of August 1997 given by a bench of J. S. Verma (then C.J.I)., Sujata Manohar and B. N. Kirpal, provided the basic definitions of sexual harassment at the workplace and provided guidelines to deal with it. It is seen as a significant legal victory for women's groups in India.

Facts of the case :

In 1985, Bhanwari Devi, a woman from Bhateri, Rajasthan, started working under the Women's Development Project (WDP) run by the Government of Rajasthan. She was known as a 'Saathin,' which means 'friend' in Hindi.

                            In 1987, Bhanwari became known for supporting a woman who faced an attempted rape in a neighboring village, gaining support from her own village. In 1992, she took up the cause of the government's campaign against child marriage, but her village members disapproved and ignored the campaign despite knowing that child marriage is illegal.

                During this time, a family planned to marry their infant daughter, and Bhanwari tried to stop the marriage, but her efforts failed. The marriage was stopped by government officials, but it took place the next day without any police action. Villagers blamed Bhanwari for the police intervention and boycotted her and her family, leading to her job loss.

               Seeking revenge, five men, including four from the same family involved in the child marriage, brutally gang-raped Bhanwari on 22nd September 1992. The police initially avoided filing a complaint, delaying the investigation. Bhanwari's determination led to a delayed complaint and medical examination, but the report did not mention rape, only her age.

                      Despite criticism, Bhanwari persisted and filed a complaint. However, with the help of a local politician, all the accused were acquitted in the Trial Court, causing outrage among women activists and organizations supporting Bhanwari. These organizations filed a Public Interest Litigation (PIL) through a women's rights group called 'Vishaka.'

                                        The PIL focused on enforcing fundamental rights for women in the workplace under Article 14, 15, 19, and 21 of the Indian Constitution and addressed the need to protect women from sexual harassment at work. This landmark case paved the way for guidelines to prevent and address workplace sexual harassment, known as the Vishaka Guidelines, to protect women's rights and safety.

Judgement :

The Hon'ble Supreme Court of India recognized that there was no specific law to prevent sexual harassment and provide a safe working environment for women. Although there were some provisions in the Indian Penal Code (Sections 354 and 354A) related to sexual harassment, they were not tailored specifically to address workplace harassment.

                                        To find a solution, the court looked at international conventions, including the Beijing Statement of Principles on the independence of Judiciary, which emphasized the judiciary's role in protecting citizens' rights in the absence of a legislative framework. They also referred to the provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which focused on eliminating discrimination against women in employment.

                            Based on these references, the Hon'ble Supreme Court framed guidelines to prevent sexual harassment at the workplace, known as the Vishaka Guidelines. The court declared these guidelines to be legally binding under Article 141 of the Indian Constitution. These guidelines served as the foundation for The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

                            In simple terms, the Supreme Court realized there was no specific law to prevent sexual harassment at work, so they created guidelines based on international principles. These guidelines later became a proper law to protect women from workplace harassment in India.

Key highlights and implications:

1. Definition of sexual harassment: The court defined sexual harassment broadly, including any unwelcome sexually determined behavior that could be direct or implied as a condition of employment or creating a hostile work environment.

2. Employer's responsibilities: The judgment emphasized that employers have a duty to prevent sexual harassment in the workplace. They must take proactive measures to ensure a safe working environment for women.

3. Internal Complaints Committee (ICC): The court directed the establishment of Internal Complaints Committees in all workplaces with ten or more employees. The ICCs are responsible for receiving complaints, conducting inquiries, and recommending appropriate action against offenders.

4. Complaint procedure: The court provided a detailed complaint procedure to ensure that women could report grievances without fear of victimization. The process should be confidential and time-bound.

5. Awareness and training: Employers were directed to conduct workshops and awareness programs to educate employees about sexual harassment and its consequences.

6. Penalties for non-compliance: The judgment specified that failure to comply with the guidelines could result in penalties against the employer, including fines or loss of licenses or permits.

CONCLUSION :

he Vishaka Judgement by the Hon'ble Supreme Court of India upheld constitutional principles of equality and liberty. It inspired the creation of the law against sexual harassment, empowering women to speak out against suffering. The Vishaka Guidelines laid the groundwork for The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This landmark case exemplified Judicial Activism and served as an inspiration to other nations. However, Bhanwari Devi's quest for justice continues even after two decades. Despite comprehensive laws, India still faces challenges in safeguarding women, being ranked as one of the most dangerous countries for women.

Article by: Law Junction