Case Summary: Vishaka v. State of Rajasthan

1. Case Title: Vishaka & Ors. v. State of Rajasthan & Ors. 
2. Citation: (1997) 6 SCC 241; AIR 1997 SC 3011 
3. Court: Supreme Court of India 
4. Bench: J.S. Verma (CJI), Sujata V. Manohar, and B.N. Kirpal, JJ. 
5. Date of Judgment: 13 August 1997 
6. Relevant Statutes/Key Provisions: 

• Articles 14, 15, 19(1)(g), and 21 of the Constitution of India 
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),  1979 

Brief Facts: 

Bhanwari Devi, a social worker in Rajasthan, was gang-raped by five men in 1992 while attempting  to prevent child marriage. Following this, several women’s rights groups, under the banner of  Vishaka, filed a Public Interest Litigation (PIL) before the Supreme Court. They sought enforcement  of fundamental rights of working women against sexual harassment at the workplace, as there was no  existing legislation to address the issue. 

Issues Involved: 

• Whether sexual harassment of women at the workplace violates fundamental rights under  Articles 14, 15, 19(1)(g), and 21 of the Constitution? 
• Whether the absence of legislation permits the judiciary to frame guidelines for prevention of  such harassment? 

Arguments: 

Petitioners’ Arguments: 

1. Sexual harassment infringes the right to gender equality, life, and liberty under Articles 14,  15, and 21. 
2. India, being a signatory to CEDAW, must adopt measures to prevent gender-based  discrimination. 
3. In the absence of domestic legislation, the Court should lay down preventive guidelines.

Respondents’ Arguments: 

1. No explicit legal framework existed in India to govern sexual harassment at the workplace.
2. The issue raised was more legislative in nature and not within judicial competence. 

Judgment: 

The Court held that sexual harassment of women at the workplace is a clear violation of their fundamental rights under Articles 14, 15, and 21. Recognizing the legislative vacuum, the Court  exercised its power under Article 32 to frame guidelines (known as the Vishaka Guidelines) to be  followed until suitable legislation was enacted. These guidelines-imposed obligations on employers to  prevent, prohibit, and redress sexual harassment at workplaces. 

Ratio Decidendi: 

Sexual harassment at the workplace violates fundamental rights of women under the Constitution, and  in the absence of legislation, the Supreme Court can rely on international conventions (such as  CEDAW) to frame binding guidelines. 

Obiter Dicta: 

The Court emphasized that gender equality includes protection from sexual harassment, which is  integral to the right to life with dignity. It highlighted the role of judiciary in filling legislative gaps to  protect constitutional rights. 

Final Decision: 

• The Court laid down the Vishaka Guidelines to prevent sexual harassment at workplaces. • Employers were made responsible for providing a safe working environment. 
• These guidelines remained binding law until the enactment of the Sexual Harassment of  Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.