Vishaka v. State of Rajasthan (1997)

Introduction

The Vishaka v. State of Rajasthan case in 1997 is a landmark Indian Supreme Court case that established guidelines to address sexual harassment against women in the workplace. This case arose from the gang rape of Bhanwari Devi, a social worker in Rajasthan, after she attempted to prevent a child marriage. The Supreme Court’s judgment defined sexual harassment, established preventive and remedial measures, and directed employers to ensure a safe working environment for women.

Facts of the Case

Bhanwari Devi, a community worker in Rajasthan employed under the Women’s Development Project, worked to prevent child marriages. In 1992, she tried to stop the marriage of an infant girl, leading to disapproval from the village community. On September 22, 1992, she was brutally gang-raped by five men seeking revenge. The police delayed filing a complaint, and the trial court acquitted the accused due to a lack of evidence, sparking widespread outrage. Subsequently, a Public Interest Litigation (PIL) was filed by Vishaka, a women’s rights group, under Article 32 of the Indian Constitution, addressing the violation of fundamental rights of working women.

Legal Issues

The Vishaka case raised several significant legal issues:

• Whether the trial court’s decision violated Bhanwari Devi’s fundamental rights under Articles 14, 15, 19(1)(g), and 21 of the Constitution. These articles pertain to equality before the law, prohibition of discrimination, the right to practice any profession, and the right to life and personal liberty, respectively.
• Whether international laws could be applied in the absence of specific domestic measures. This considers the applicability of international conventions like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
• Whether employers have a responsibility regarding sexual harassment committed by or against their employees. This addresses the extent of employer liability and the need for preventive and remedial measures.

Judgement

On August 13, 1997, the Supreme Court delivered a landmark judgment, formulating guidelines to prevent sexual harassment at the workplace. Known as the Vishaka Guidelines, these were to be treated as law under Article 141 of the Indian Constitution until legislation was enacted. The Court defined sexual harassment to include unwelcome sexually determined behaviour, such as physical contact, sexual remarks, and demands for sexual favours. The guidelines mandated employers to provide a safe working environment, implement preventive measures, and establish complaint mechanisms. These measures included creating a complaints committee headed by a woman, maintaining confidentiality, and ensuring timely resolution of complaints.

Court’s Reasoning

The Supreme Court addressed the issues by emphasizing the violation of fundamental rights due to sexual harassment. The Court observed that sexual harassment infringes upon the rights guaranteed under Articles 14, 15, 19(1)(g), and 21 of the Indian Constitution. It recognized the absence of domestic law addressing sexual harassment at the workplace and, therefore, considered international conventions and norms for interpreting constitutional guarantees. The Court referred to the Beijing Statement of Principles on the Independence of the Judiciary and provisions of CEDAW, which mandates the elimination of discrimination against women in employment. The Supreme Court stated that employers have a duty to prevent sexual harassment and provide mechanisms for resolving complaints.

Impact of the Case

The Vishaka judgment had a far-reaching impact on women’s rights and workplace dynamics in India. It legally recognized sexual harassment as a violation of fundamental rights and provided a framework for addressing such incidents. The Vishaka Guidelines served as the foundation for The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which provided a comprehensive legal framework to address and prevent sexual harassment. The case raised awareness about women’s rights and empowered them to speak out against sexual harassment. While the Vishaka case was a milestone, challenges persist in ensuring effective implementation and changing societal attitudes towards women’s safety and equality in the workplace.

Related Law Provisions

The Vishaka v. State of Rajasthan case involved several related law provisions within the Indian legal framework .These provisions encompassed constitutional rights, international conventions, and existing penal codes relevant to addressing sexual harassment and ensuring gender equality.

Constitutional Provisions

The case primarily invoked the following fundamental rights enshrined in the Indian Constitution:

Article 14: Guarantees equality before the law and equal protection of the laws within India. This ensures that all citizens are treated equally under the legal system.

Article 15: Prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. It emphasizes that the State shall not discriminate against citizens based on these factors.

Article 19(1)(g): Affirms the right to practice any profession or to carry on any occupation, trade, or business. This right is subject to reasonable restrictions in the interest of public order and morality.

Article 21: Protects the right to life and personal liberty. This has been interpreted to include the right to live with dignity and a safe environment.

International Conventions

The Supreme Court also considered international conventions to strengthen the interpretation of these fundamental rights:

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): This international treaty obligates signatory nations to eliminate discrimination against women. Article 11 of CEDAW specifically addresses the elimination of discrimination in the field of employment.

Subsequent Legislation

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: This act was enacted to provide protection against sexual harassment of women at the workplace and for the prevention and redressal of complaints of sexual harassment. It built upon the Vishaka Guidelines, providing a comprehensive framework for addressing sexual harassment.

Vishaka Guidelines

The Supreme Court’s Vishaka Guidelines, established in 1997, outlined key measures for preventing and addressing sexual harassment in the workplace. These guidelines defined sexual harassment and mandated employers to ensure women’s safety, rights, and well-being at work.

Definition of Sexual Harassment

The Vishaka Guidelines defined sexual harassment to include unwelcome sexually determined behaviour, whether direct or implied. This encompasses physical contact and advances, demands or requests for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. The definition also acknowledges actions creating a hostile work environment, even without physical contact, such as lewd jokes or verbal abuse.

Preventive Measures

The guidelines require employers to take proactive steps to prevent sexual harassment. This includes explicitly prohibiting sexual harassment through notifications, publications, and circulars. Rules and regulations in government and public sector bodies should include prohibitions and appropriate penalties. Employers in the private sector should incorporate these prohibitions into standing orders under the Industrial Employment (Standing Orders) Act of 1946. Creating appropriate working conditions related to work, leisure, health, and hygiene is also essential to ensure a non-hostile environment for women.

Complaint Mechanisms and Procedures

The Vishaka Guidelines mandated the establishment of appropriate complaint mechanisms for addressing sexual harassment. These mechanisms should ensure timely resolution of complaints. A Complaints Committee should be created, headed by a woman, with at least half of its members being women. To prevent bias, the committee should involve a third party, such as an NGO familiar with sexual harassment issues. The committee must prepare an annual report detailing the number of complaints received and actions taken, submitting it to the relevant government department.

Other Important Aspects

Employers must take appropriate action if the perpetrator’s behaviour falls under the Indian Penal Code, assisting the aggrieved in filing complaints. Disciplinary action should be initiated if the behaviour constitutes misconduct under service rules or the code of conduct. Employees should be allowed to raise issues of sexual harassment at workers’ meetings and employer-employee meetings. Awareness of women’s rights should be created by prominently displaying the guidelines. The employer must take necessary steps to support and prevent further harm to the aggrieved if the perpetrator is a third party. The central and state governments were requested to consider legislation ensuring these guidelines are observed in the private sector.

Conclusion

In conclusion, the Vishaka v. State of Rajasthan case remains a pivotal moment in Indian legal history, marking a significant stride towards safeguarding women’s rights and ensuring workplace dignity. The Vishaka Guidelines set a landmark precedent by legally recognizing sexual harassment as a violation of fundamental rights guaranteed under the Indian Constitution. By interpreting Articles 14, 15, 19(1)(g), and 21 to include the right to a safe and secure working environment, the Supreme Court expanded the scope of these rights to protect women from workplace harassment. The Supreme Court’s formulation of the Vishaka Guidelines not only filled a critical legal void but also laid the groundwork for future legislation, most notably the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The Vishaka Guidelines’ impact extends beyond legal realms, fostering increased awareness and prompting organizations to proactively address sexual harassment. By recognizing sexual harassment as a violation of fundamental rights and mandating preventive and remedial measures, the judgment empowered women to voice their concerns and demand safer working environments.

 

References:

1. Vishaka and Ors. v. State of Rajasthan and Ors. [1997] Supp. (3) S.C.R. 404
2. ‘Vishaka v. State of Rajasthan’ (n.d.) National Commission for Women https://ncwapps.nic.in/pdfreports/Sexual%20Harassment%20at%20Workplace%20(English).pdf accessed 24 February 2025
3. ‘Vishaka v. State of Rajasthan’ (n.d.) Indian Kanoon https://indiankanoon.org/doc/1031794/ accessed 26 February 2025