Case Summary: Vishakha and Others v. State of Rajasthan and Others AIR 1997 SC 3011

• Case Title: Vishakha and Others v. State of Rajasthan and Others
• Citation: AIR 1997 SC 3011
• Court:Supreme Court of India  
• Bench:Chief Justice J.S. Verma, Sujata V. Manohar, and B.N. Kirpal, JJ.  
• Date of Judgment:13 August 1997  
• Relevant Provisions / Key Statutes:Articles 14, 15, 19(1)(g), and 21 of the Constitution of India

Brief Facts

Several women’s groups (collectively called Vishakha) filed a Public Interest Litigation (PIL) after the brutal gang rape of Bhanwari Devi, a grassroots worker in Rajasthan, which highlighted the pervasive issue of sexual harassment of women in workplaces and the absence of legal safeguards.  

There was no specific legislation dealing with workplace sexual harassment at the time, and all complaints were handled under general criminal sections, which were inadequate. The petitioners therefore sought judicial guidelines to protect women from harassment while working.  

Issues Involved

1. Whether sexual harassment at the workplace violates fundamental rights under Articles 14, 15, 19(1)(g), and 21 of the Constitution.
2. Whether there was a legal vacuum concerning protection from sexual harassment at work.
3. Whether guidelines should be established to protect women until legislation is enacted.  

Arguments

Petitioners’ Arguments:

• Sexual harassment is a violation of women’s rights under fundamental rights provisions.
• There is no effective law to ensure women’s safety and dignity at work.
• Employers have been failing to prevent or redress harassmet 

Respondents’ Arguments 

• At the time, there was no specific law focusing on workplace harassment, so the petition asked the court to fill the legislative gap.
• The respondents did not strongly oppose the need for guidelines.  

Judgment

The Supreme Court held that sexual harassment at the workplace is a violation of fundamental rights under Articles 14, 15, 19(1)(g), and 21 of the Constitution.  

Since there was no specific statute, the Court issued binding guidelines  known as the Vishakha Guidelines  to protect women at the workplace. These guidelines were treated as law until appropriate legislation was enacted.  

Ratio Decidendi

Sexual harassment of women in the workplace violates constitutional rights to equality, non-discrimination, dignity, and the right to work in a safe environment, and thus requires legal safeguards.  

Obiter Dicta

The Court observed that in the absence of legislation, international norms and conventions should guide the understanding of gender equality and workplace dignity.  

Final Decision

The Supreme Court directed that workplaces constitute internal committees (ICs) to address complaints and protect women from harassment, and these Vishakha Guidelines would govern until legislation.  

Significance

The judgment was a milestone in Indian legal history. It established:

• A clear definition of sexual harassment
• Employer duties to prevent harassment
• The foundation for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013