Vishakha & Ors. v. State of Rajasthan & Ors.

Introduction

On August 13, 1997, The Supreme court of India decided the Vishaka & Ors. v. State of Rajasthan & Ors Case^[1]  by the Bench of CJI J.S. Verma,  Justice Sujata Manohar, Justice B.N. Kirpal . This milestone case was a leading light for the architecture of legal provision to cope up with sexual harassment at workplaces in India. Before the declaration of case  there was no certain legislation in India to identify venerability of women for  inequality and violence at the workplace in the form of sexual harassment. But  The Supreme Court came into picture and played a significant role through this case by promulgating guiding principles which proved a holistic approach against  the offence of workplace harassment.

In this case, unfortunate incident took place in Rajsthan where a social worker named Bhanwari Devi,  viciously  gang raped because she tried to prevent  child marriages. Prior to the case there was no legal structure to combat this wrong,  so women’s rights activists filed a Public Interest Litigation (PIL) in the Supreme Court, which eventually resulted in the proclamation of the guidelines of Vishaka case, a historic legal precedent in India.

Background of the Case^[2]

Incident Leading to the Case

The case originated from the horrific gang rape of Bhanwari Devi, from Rajasthan. She was a social worker who was employed under a governmental organization which aimed to prevent child marriages. In 1992, she attempted to prevent a child marriage in her village, which led to resentment from the upper-caste men in the community. As a form of vengeance, she was brutally gang-raped by five men. When she attempted to seek justice, she failed due to an insufficient legal system. Her complaints were rejected , and her rapists were acquitted due to lack of evidence.

This incident shook the nation and questions arose regarding the vulnerability of women working in such an environment and the insufficiency of existing legal mechanisms to provide them safeguard. In response, Vishaka (an organization of women’s rights) along with other petitioners, filed a PIL before the Supreme Court of India.

Case– Vishaka & Ors. v. State of Rajasthan & Ors. (1997) 6 SCC 241

Petitioners and Respondents

• Petitioners: Vishaka and other women’s rights groups
• Respondents: State of Rajasthan & Union of India

Legal Issues Raised

The key legal issues considered by the Supreme Court in this case included:

• Does workplace sexual harassment violate the fundamental rights of women under Articles 14, 15, 19, and 21 of the Indian Constitution?
• In the absence of specific legislation, should the Supreme Court lay down guidelines for addressing sexual harassment at the workplace?
• What are the responsibilities of employers and the government in promoting a safe working environment for women?

Arguments Presented by the Petitioners (Vishaka & Ors.)

• Infringement of Fundamental Rights:- It was argued by the side of petitioner that act of sexual harassment at the workplace is a contravention of fundamental rights as in accordance with  Article 14, Article 15 , Article 19(1)(g)), and Article 21 .
• Requirement of legal machinery :- In the lack of legislation, it is not possible to deal with sexual harassment at the workplace, so the petitioners contended that the Supreme Court should frame guidelines to protect working women.
• International Law Considerations: The petitioners took reference from the CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women), where India entered into the International pact as  a signatory nation in 1993. So it was mandatory for India to take suitable steps which are capable of promoting  gender justice at workplaces.

Arguments by the Respondents (State of Rajasthan & Union of India)

• The contention was raised that there was deficiency  of  statutory provisions in India to deal with offence of  sexual harassment at workplace for the time being. So without penal law by virtue of an act,  how can a specific act be subject to  punishment?
• Here, there was no denial that offence was committed but the point of dispute was regarding the role of judiciary to compose regulation which was a power of legislature instead of  judicial interference.

Judgment and Court’s Reasoning

On August 13, 1997, the Supreme Court delivered a historic judgment in favor of the petitioners. The essentials elements of the case were:-

1. Official approval of Sexual Harassment as a violation of Fundamental Rights 

The Supreme Court pronounce that sexual harassment at the workplace violates Articles 14, 15, 19, and 21 of the Indian Constitution:

• Article 14 (Equality before Law)^[3] :- Deprivation of  a women from equality make her vulnerable to Sexual harassment at workplace environment.
• Article 15 (Prohibition of Discrimination)^[4]:- In the absence of gender equality women suffer discrimination by act of sexual harassment, which is violation of this Article 15 .
• Article 19(1)(g) (Right to Profession):- Sexual Harassment is a threat to mental state of a women which hinders her capability to work freely and safely. 
• Article 21 (Right to Life & Dignity)^[5]:- The right to live with dignity is a basic right of a human being which is contended with sexual harassment.

2. Formation of the Vishaka Guidelines

The Supreme Court, being a guardian of Justice, distinguished the lack of legal framework and declared Vishaka Guidelines, which would serve as the law until Parliament legislates a suitable statute.

3. Employer Responsibility

The Court emphasized that it is the employer’s duty to provide a safe working environment. It is mandatory for all the organizations to take proactive steps to prevent and redress sexual harassment.

The Vishaka Guidelines^[6]: A Benchmark Framework

Recommended guidelines of the Vishaka case was a base for identification of sexual harassment at the workplace. This comprehensive approach of The Apex Court included following essential characteristics.

1. Definition of Sexual Harassment include–

• Physical contact
• Showing pornography
• Any unwelcome physical, verbal, or non-verbal conduct of a sexual nature
• A demand or request for sexual favors
• Sexually colored remarks

2. Mandatory Internal Complaints Committees

Supreme Court by its guiding principles mandated that every workplace have to establish a Complaints Committee-

• The head of a committee should be a woman.
• At least one member should be from an NGO or legal profession.
• The committee must have to ensure confidentiality and take instant action on complaints.

3. Employer’s Duty to Prevent Harassment

To achieve the goal of prevention of  harassment at working place , Supreme Court imposed followed obligation on  the Employers –

• Conduct awareness and training programs.
• Implementation of a policy against sexual harassment.
• Ensure a safe working environment for women.

4. Disciplinary Action

In case, occurrence of  harassment is proved, employers are obligated to take disciplinary action against the wrongdoer, including dismissal or other penalties.

5. Criminal Proceedings

In cases of serious offenses like sexual assault or rape, the complaint should be forwarded to the police to initiate criminal prosecution under laws.

Relevancy and impact of the Case

1. Establishing a Legal Framework

Before Vishaka case, there was no certain rules and regulation in India, for workplace sexual harassment. This case set the very  first comprehensive legal framework to address the grave concern .

2. Outcome of statutory provision

The Vishaka Guidelines remained in force and in 2013 and The ruling guidelines reinforced the Indian legislature to ensure gender equality and paved the way for the Prevention of Sexual Harassment at workplace (Prevention, Prohibition, and Redressal) Act, 2013[7]. The statute book legally formalized workplace protections against sexual harassment for women.  

3. Strengthening Women’s Rights

The case ensured that sexual harassment was taken as a serious offense affecting women’s fundamental rights and dignity. By providing clear protections and safe working environment, these guidelines enhance women’s rights and work.

4. Judicial Activism in India

This case uses its constitutional powers and sets an example of the power of judicial activism, where the Supreme Court comes forward to formulate legal safeguards in the absence of statutory provisions .

5.Implementation of International treaty CEDAW

The Vishaka case  impacted Indian law by applicability of Convention on the Elimination of All Forms of Discrimination Against Women[8]’s principles to recognize workplace sexual harassment. In the absence of statutory provisions, the Supreme Court depended on CEDAW, which India had ratified, to govern the Vishaka Guidelines. 

Fundamental rights under Indian Constitution

These guidelines recognized that sexual harassment as a violation of Articles 14, 19, and 21 of the Indian Constitution, mandating preventive measures and grievance redressal mechanisms at workplaces.

Conclusion

The Supreme Court’s decision in Vishaka & Ors. v. State of Rajasthan was a culmination in Indian history of law on gender justice and workplace safety. The Vishaka Guidelines was the foundation stone to resist the sexual harassment, ensuring that employers take responsibility, and providing women with a legal mechanism to seek justice. All the  workplace policies, awareness programs, and legal standards across the country are based on the said precedent. The Prevention of Sexual Harassment (POSH) Act was enacted in 2013 to ensure safe workplaces environment  in India which is  inclined by the Vishaka guidelines of 1997. This Act was necessary to be legislated, because  there was no codified law to combat sexual harassment, before the enactment of this statute book so this offence was a biggest challenge  against the social prestige and intellectuality of the working women. 

The Code applies to all the workplaces across  India and makes them accountable to take serious actions for respectful and secure work environments. This case is a demonstration of the power of the judiciary in advancing social justice, fairness and protecting fundamental rights.

Reference(s):

[1] Indian Kanoon – Full Text of the Judgment

‘Vishaka & Ors vs State Of Rajasthan & Ors on 13 August, 1997’ (Indian Kanoon) https://indiankanoon.org/doc/1031794/

[2] iPleaders – Case Analysis: Vishaka & Ors. v. State of Rajasthan & Ors. (1997)

Sai Gayatri and Jyotika Saroha, ‘Case Analysis: Vishaka & Ors. v. State of Rajasthan & Ors. (1997)’ (iPleaders, 6 months ago) https://blog.ipleaders.in/vishaka-ors-vs-state-of-rajasthan-ors-1997/

[3] Article 14 – Equality Before Law’ (Constitution of India, 2025) https://www.constitutionofindia.net/articles/article-14-equality-before-law/

[4] Article 15 – Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth’ (Constitution of India, 2025)

https://www.constitutionofindia.net/articles/article-15-prohibition-of-discrimination-on-grounds-of-religio n-race-caste-sex-or-place-of-birth/

[5] Article 21 – Protection of Life and Personal Liberty’ (Constitution of India, 2025) https://www.constitutionofindia.net/articles/article-21-protection-of-life-and-personal-liberty/

[6] Vishaka Guidelines on Sexual Harassment’ (Central University of Rajasthan, 2025) https://www.curaj.ac.in/sites/default/files/VishakaGuidelines_1.pdf

[7]The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,  2013′ (Government of India, India Code, 2025) https://www.indiacode.nic.in/handle/123456789/2104

[8] Convention on the Elimination of All Forms of Discrimination Against Women’ (Office of the

High Commissioner for Human Rights, 2025) https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discri mination-against-women