Case Summary: Vishaka and Ors. V. State of Rajasthan and Ors.

• Case title: Vishaka and Ors. V. State of Rajasthan and Ors.
• Citation of the case: (1997) 6 SCC 241
• Name of the court who delivered the judgement: Supreme Court of India 
• Hon’ble bench: Chief justice J.S. Verma, Justice Sujata V. Manohar and Justice Bankura
• Date of judgement passed by Supreme Court: 13th August, 1997
• Petitioners in the case: Vishaka and Ors.
• Respondents in the case: State of Rajasthan and Ors.
• Relevant provisions: Article 14, Article 15, Article 19(1)(g), Article 21 of the Constitution of India and Article 11 of Convention on the Elimination of All forms of Discrimination Against women, 1949

Facts of the case 

Bhanwari devi who worked under the women’s development project run by the Government of Rajasthan in 1985. She was employed as a ‘satin’. She lived in Bhateri, Rajasthan.

In the year 1987, during her job Bhanwari handled the issue of attempted rape of a woman who hailed from a neighboring village. She got full support from the people of her village for this work.

In the year 1992, Bhanwari handled another problem related to child marriage. That time, government of Rajasthan initiated the campaign against child marriage. The Campaign was subjected to ignore by people of village even they knew that child marriage is illegal.

There was a family in the village. The head of the family was Ram Karan Gurjar who and his family made preparations to perform marriage of his daughter who was underage. To protect the girl from the marriage, it was responsibility given to Bhanwari. She tried to persuade the family to not perform the marriage but all her trials to deny marriage resulted in being futile. The family decided to go ahead with marriage. On 5th May 1992, the Sub-Divisional officer and the Deputy Superintendent of police went and stopped the marriage. But the family was not ready and the marriage was performed next day. That time, no action taken by police against the marriage. After some days, the police visited in a village due to Bhanwari Devi ‘s actions this thing was said by the villagers. Due to this action of Bhanwari Devi the villagers boycotted her and her family. She also lost her job.

22nd September 1992 considered as black day for Bhanwari Devi and her husband. That day, some villagers attacked on her Husband and brutally gang- raped her. After that when both went to file complaint against accused, the police had tried to avoid filing any complaint against accused. Due to this, it also delayed in investigation. The medical examination was delayed by 52 hours. The medical examiner did not mention any commission of rape in the medical report.

Bhanwari devi and her husband approached the district court in Rajasthan for justice. But, due to absence of sufficient evidence and with the help of MLA of local area, all the accused managed to get an acquittal in the trial court. The district court refused to believe on the statement of her husband that she was being raped by all the accused.

But the acquittal of all the accused by trial court strengthens many female activists and organizations. They provided assistance to Bhanwari to get justice. These organizations came together and raised their voice for justice. For justice a women rights group called as Vishaka filed a writ petition on many grounds including the decision of trial court, the violation of fundamental right for women at workplace under the provisions of Article 14,15,19and 21of the constitution of India. They also raised the issue of the need of specific laws or guidelines for the protection of women from sexual harrassment at workplace.

Issues of the case

• Whether the decision given by the trial court is violative of Bhanwari Devi fundamental right granted to her within article 14 15 19(1)(g) and 21?
• Whether the court could apply international laws in the absence of the applicable measures for any wrong action?
• Whether the employer has any duty towards employee with whom sexual harassment is done?

Arguments by petitioners

The writ of mandamus was filed by Vishaka group which consist of various women rights activists, non-governmental organizations and other social activists.

The petitioner argued that the sexual harassment of women at workplace is the violation of fundamental rights enshrined under Article 14,15,19(1)(G) of the constitution of India. The petitioners brought the attention of the court about the loophole that the legislature has made the provision of a safe working environment for women. So, they requested the court to provide guidelines to prevent sexual harassment of women at workplace.

The petitioner also contended that there is need of specific legislation for protection of women at the workplace from sexual harassment. Because in the absence of law, the chances of sexual harrassment at workplace cases may increase and it becomes challenging for women employees.

The petitioner further argued that the convention on elimination on all forms of Discrimination Against women state that it is the duty of government to enact laws that remove the gender discrimination and prevent the sexual harrassment at workplace committed against any women worker. India has also ratified to this convention.

It is also the responsibility of court in India to provide some rules, regulations or guidelines that can help in eradicating the sexual harrassment of women at workplace in a situation where there are no specific laws regarding the issue. 

Arguments from respondents

The learned Solicitor General representing on behalf of the respondents did something unexpected in the case. The respondent supported the Hon’ble court for providing an effective mechanism to curb sexual harassment and for its prevention, structuring the guidelines.

The respondents suggested that the state should mention the information in their report about the sexual harassment and take necessary measures to protect women from sexual harassment or from other kind of violence that may be happens at workplace.

Judgement of the case

The judgement given by the bench comprising of Chief Justice J.S. Verma, Justice Sujata V. Manohar and Justice B.N. Kripal give a first-time decision in the history of India on sexual harrassment at workplace.

The Court stated that the acts of sexual harrassment of women at workplace are a violation of fundamental rights under Article 14,15,19 and 21. The act of sexual harrassment is generally a gender-based crime against women. So, it is an infringement of gender equality rights mentioned under the said provisions of the Constitution of India. The violation of such right s allows the person to reach the Supreme Court under Article 32 of Indian Constitution to take remedy for the purpose of enforcing her fundamental rights guaranteed under part III of the Constitution.

The Supreme Court also stated that when there are no specific laws to deal with the serious issues of sexual harrassment, the international conventions can be relied upon by the courts for the purpose of interpreting the guarantee of gender equality. Then, the Hon’ble court took reference from the provisions of CEDAW. The general recommendations of CEDAW,1949 laid down in Articles 11, 22, 23, and 24.

The Government of India also made an official announcement at the world conference held in China, to establish a National Commission in every sector for the safeguarding and promoting the rights of women.

The supreme court directed that it is the duty of employers to take effective steps to prevent the cases of sexual harrassment. The organizations should have proper procedures and forums to deal with such issues and dispose them off.

In this case, the Apex court laid down certain guidelines to address the issue, known as the Vishaka Guidelines. These guidelines were considered to be law until the legislature enacted any appropriate laws for the protection of women from sexual harrassment at workplace.

Provisions of Vishakha Guidelines 

1. The court in the guidelines expand the definition of sexual harrassment which include unwanted sexual determination, covering physical contact, demands for sexual favors and any other bad conduct.
2. This guideline gives responsibility to employer to provide safe working environment and taking proper steps to protect the women employees.
3. Through the guidelines, it is mandatory for employers to file a complaint of the conduct towards an employee amount to a criminal offence under the Bhartiya Nyaya Sanhita.
4. It is mandatory for all organizations to set up internal complaints committees to handle employee complaints effectively.
5. If an employee is harassed by a third party, the employer is responsible to provide support to any employee women victim.
6. Employers are required to create awareness within the organization regarding sexual harassment cases and women safety.
7. The guidelines provide the direction to central and state governments to made necessary legislation which extends the applicability of these guidelines to the private sector.
8. The guidelines were succeeded by the Sexual Harassment of Women at the workplace (prevention, prohibition and redressal) Act, 2013. The Act expands the definition of aggrieved women and wider the scope of the term workplace.

Ratio Decidendi

The Ratio Decidendi of the case is that the sexual harrassment at workplace is the infringement of fundamental rights of women. It is the violation of Article 14, 15, 19 and 21. There is no specific laws which deals with such issues. In such situation it is the responsibility of the court to issue guidelines for the purpose of providing justice to the victims who filed writ petition under Article 32 of Indian Constitution for the enforcement of such fundamental rights.

Final Decision 

The Supreme Court held that the act of sexual harassment is a violation of fundamental rights enshrined under Indian Constitution. The decision given by the Apex court in favor of Vishakha which consist of women activists, organizations etc. 

Impact of the case 

It was the first time in Indian history that the sexual harrassment at workplace was officially considered as a form of the gender-based discrimination and a violation of women fundamental rights. When Supreme Court provides guidelines which is known as Vishaka Guidelines that helps the court to deals with other cases of sexual harrassment at workplace and provide justice to the victims. On the basis of these guidelines, the legislature of India enacted a specific law which is known as Sexual Harrassment of Women at Workplace (Prevention, Prohibition and Redressal. The major aim of the Act to protect women employee provide safe environment workplace and provide justice to the victim of sexual harrassment at workplace.

Hence, the case is the landmark case in India. It provides measures through which other cases of sexual harrassment deal by the court.