Vishakha vs. State of Rajasthan (1997)

Published On: 15th January, 2025

Authored By: Preeti
GD Goenka University

Citation: AIR 1997 SC 3011, (1997) 6 SCC 241

Court: Supreme Court of India

Bench: CJI J.S. Verma, Justices Sujata Manohar, B.N. Kirpal

Date of Judgment: 13 August 1997

Overview

The case of Vishakha vs. State of Rajasthan emerged as a result of the gruesome gang-rape of Bhanwari Devi, a social worker in Rajasthan who was targeted for trying to prevent a child marriage in the course of her work in the Women’s Development Project. Despite her efforts, Bhanwari Devi was socially discriminated against and even openly opposed by those practicing the ritual. The legal redress was not easy to find, since the local administration refused to prosecute her attackers. It brought out the tragic picture of the lack of protection and redress available for the women facing harassment and violence at work, particularly in rural areas. Thereby, Vishakha and other women’s organizations filed a Public Interest Litigation (PIL) in the Supreme Court requesting that the court establish judicial measures against sexual harassment at workplaces for working women. It was at that time when Indian law did not specifically have any provisions related to workplace sexual harassment. The PIL thus requested judicial intervention into filling this legislative void.[1]

Facts of the case

Bhanwari Devi, a woman from Bhateri, Rajasthan joined the Women’s Development Project, initiated by the Government of Rajasthan in 1985. She became a ‘Saathin’ or ‘friend’ there.

In 1987, Bhanwari took up an attempted rape case of a woman belonging to a neighbouring village, as part of her work. For this activity, she had full support from the people of her village. In 1992, Bhanwari raised another cause that was based on the campaign by the government against child marriage. The campaign against child marriage was disapproved and ignored by all members of the village, despite their knowledge that child marriage is illegal. Meanwhile, the family of Ram Karan Gurjar had planned to perform such a marriage, for his infant daughter. Bhanwari, following the work assigned to her, tried to convince the family not to go ahead with the marriage but all her efforts turned futile. The family would carry out the marriage.

It happened on 5th May 1992 when Sub-Divisional Officer, in the company of Deputy Superintendent of Police, went and stayed the said marriage. Yet, the next day that marriage was done and nothing was done to it by the police. Later the villagers proved through evidence that police visits were a retaliation of Bhanwari Devi. The process ended in boycotting of Bhanwari Devi and her family members. Bhanwari lost her job also as a result of this boycott.

On 22nd September 1992, to avenge themselves, five men, i.e., four from the above family- Ram Sukh Gujjar, Gyarsa Gujjar, Ram Karan Gujjar, and Badri Gujjar along with one Shravan Sharma attacked Bhanwari Devi’s husband and later committed a brutal gang-rape upon her.

The police had used all possible measures to avoid filing any complaint against the accused that led to delayed investigation.[2]

When Bhanwari Devi went to seek justice, she was severely criticized for doing so. She faced a lot of obstacles while the concerned authorities were coercing her to withdraw the case. Despite all such criticism, Bhanwari Devi, driven by relentless zeal to receive justice, still managed to file a complaint. The medical examination was delayed by fifty-two hours. However, the report did not mention any commission of rape but only mentioned the age of the victim. Bhanwari Devi and her husband approached the trial court in a district of Rajasthan, but in the absence of sufficient evidence and with the help of the local MLA, Dhanraj Meena, all the accused managed to get an acquittal in the trial court.

The trial court did not believe the statement that Bhanwari Devi’s husband was stopped when these men were raping her, and he did not help her. But this acquittal resulted in a huge backlash from many female activists and organisations that supported Bhanwari. These organisations came together and raised their voices to attain justice, which resulted in the filing of a PIL. It is this judgment of the trial court that aggrieved, a women’s rights group by name ‘Vishaka’ filed PIL. While the core focus was placed on the enforcement of women’s fundamental rights at their workplace under Articles 14, 15, 19, and 21 of the Constitution of India, it also presented the cause of protection of women at the workplace from sexual harassment.

Key legal Issues

  1. Whether the decision given by the trial Court in the said case is violative of Bhanwari Devi’s fundamental rights guaranteed to her within Article 14, 15, 19(1)(g) and 21?
  2. Whether the employer has any responsibility when sexual harassment is done to/by its employees?

Sexual harassment: violation of gender equality rights and right to life and liberty

It added that the acts of such sexual harassment are a gross infringement of the rights of gender equality and the right of life and liberty as have been laid down in Articles 14, 15 and 21 of the Indian Constitution. Sexual harassment, usually a gender-based crime against women, is a violation of gender equality rights as mentioned under the said provisions of the Indian Constitution. Article 21 bears wide connotation, wherein this includes the right for a healthy working environment as well as the right to be able to live with dignity, the above acts deteriorate women’s mental sanity and sense of respect also, thereby violating Article 21 itself. It also violates the right to pursue or to take up any profession or to exercise any occupation, trade, or business vested in a person under Article 19(1)(g) of the Indian Constitution.[3] The violation of such rights allows the victim to approach the Hon’ble Supreme Court under Article 32 of the Indian Constitution for redressal of her grievance for the purpose of enforcing her fundamental rights conferred upon her under Part III of the Indian Constitution. Article 19(1)(g) Indian Constitution: The right under the above provision hinges upon safe working environment. Right to life and liberty means, the right to live with dignity and for the aforementioned purpose, the legislature must enact suitable and effective legislation. The Supreme Court, while dealing with the third and last issue, stated that it is the duty of employers to take all necessary measures to prevent such incidents of sexual harassment from happening. The organisations should have proper procedures and forums to deal with such issues and dispose them off effectively. The Hon’ble Supreme Court framed guidelines preventing sexual harassment at the Workplace that are now termed as Vishaka Guidelines that shall be taken as law declared under Article 141 of Indian Constitution. The guidelines thus framed found their base for this enactment that is the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.

The Supreme Court took into regard Section 2(d) of Protection of Human Rights Act, 1993, and opined that despite the fact that India does not have any penal or civil law presently to tackle this issue of sexual harassment in the workplace and to introduce such legislation would require too much time, yet, it is imperative on part of all the employers, institutions, and other responsible persons that they must adhere to a few guidelines in order to protect the women from this act of sexual harassment.[4]

Vishakha Guidelines

These are the directions issued by the Court and the same are known as Vishaka guidelines.

  1. Employer and all others responsible will take steps to ensure these acts do not take place and also arrange a procedure for conciliation, prosecution and all other measures may be necessary.
  2. The court also defined sexual harassment by defining that sexual harassment is any unwelcoming sexual behaviour direct or implied, including physical contact, sexually coloured remarks, sexual Favors, showing pornographic content, and any form of verbal or non-verbal conduct of sexual character.
  3. In addition, it provides for taking preventive measures in order to avoid such mis happenings against any of the employees and it is applicable to all employers be it private or public.
  4. There should be a robust mechanism or a body to deal with such cases.
  5. Provisions of proper working conditions to the employees, such as working conditions, health facilities, etc. so that there is no unhealthy atmosphere for women at the workplace.
  6. The employer would file the complaint appropriately on such provision by Indian Penal Code, 1860, in respect of the other. And while the complainants were undergoing the proceeding process, he should take necessary precautions to not discriminate any victimization of the employers.
  7. For commencing disciplinary proceedings when this act is considered as misconduct under employment.
  8. An appropriate mechanism should be created at the organisation employers in order to take the redressal of such complaints in an effective manner.
  9. A complaints committee should be formed in order to deal with the complaints, and it should be headed by a woman. It shall report its annual conducts to the government.
  10. The workers also need to be provided with the platform where they can raise their voice regarding such issues of sexual harassment before their employer-employee meetings.
  11. Awareness of the rights of the women must be provided along with the guidelines must especially be notified.
  12. There should be third parties like NGOs or institution present so that the pressure does not come from the top people.
  13. Where the act of sexual harassment is done by a third who is not a part of the organisation then the employer has to take all the measures necessary to help the victim.

These guidelines were the most important and were later converted into the above-mentioned Act.

Impact of Vishakha vs. State of Rajasthan

Vishaka v. State of Rajasthan, (1997) is one landmark judgment wherein the Supreme Court put forward various guidelines for protection against sexual harassment that occurs at the workplace. It is a landmark case pronounced by the Supreme Court of India, which opened the door for the law to come into effect, like the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, which is the very first legislation that deals with safeguarding women from sexual harassment at the workplace. Many women, after this case, came to acquire justice against the sexual harassment faced by them at their workplaces. There are various reasons due to which a women does not file complaints against such acts; they may include the fear of social stigma, male dominance, etc. Such acts have a very long-lasting effect on the minds of victims, which further results in depression and even suicidal tendencies. Most of the women benefited from the Vishaka guidelines, which came after Bhanwari Devi suffered without justice being delivered. This judgment based on the rights of women and the right to life and liberty has made it a safe environment for women to work freely. The Court in the said case has accepted the active role of women in the workplace, which is highly important for the betterment of the country.

Reference(s):

[1] Vishaka & Ors. v. State of Rajasthan & Ors. (1997), iPleaders (Oct. 27, 2024),

[2] Vishakha Case, Testbook (Oct. 27, 2024),

[3] Vishaka & Ors. v. State of Rajasthan (1997), Drishti Judiciary (Oct. 27, 2024),

[4] Case Summary: Vishaka v. State of Rajasthan (1997), Legal Fly (Oct. 27, 2024),

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