VISHAKA VS STATE OF RAJASTHAN

Vishaka vs State of Rajasthan AIR 1997 SC 3011 is a landmark case that is commonly referred to as Sexual Harassment case. The case involved the case of Sexual Harassment of Women at the Workplace. In this case, the Supreme Court established a basis of protection against Sexual Harassment of Women at the workplace otherwise not initially contained in the Indian law. The Supreme Court 3-Judge Bench case of the Vishaka vs State of Rajasthan ruled was a significant move in the direction of gender equality and the protection of rights of women in professional setting.

ABOUT THIS CASE

The case under consideration is an example of Bhanwari Devi struggle in defense of her rights after sexual violence and revenge against her fighting child marriage in Rajasthan. In the case of Vishaka vs State of Rajasthan .

Facts of the case are as follows-

 Vishaka Case Facts Bhanwari Devi is a woman native to Bhateri, Rajasthan and in 1985 she was a social worker on the Women Development Project (WDP) of the State. Her work in a social worker capacity was to help in a wide range of community activities such as those aimed at preventing child marriage and problems concerning gender. Participation in Child Marriage Prevention Campaign. In 1992, Bhanwari Devi took part in the campaign that was launched by the Government to stop child marriage. The legal ban on child marriage did not curb the campaign against child marriage among the villagers. Intervention Attempt in Child Marriage and Police Inaction. Karan Gurjar daughter had been married off by Ram Karan Gurjar. Attempts by a Social Worker Bhanwari Devi to halt the marriage were in vain. In spite of her attempts, the marriage went on, with police intervention on 5th May, 1992 but nothing was done to stop it the next day. 

Ostracism and Retaliation 

As a result of her participation in the child marriage problem, Bhanwari Devi and her family were shunned by the village residents and she lost her employment. On 22 nd September 1992 five men including four of the members of Gurjar family wanted to avenge her. Police Inaction and Struggle of Law. Bhanwari Devi reported the matter, but the police enquiry was procrastinated and medical report did not endorse her rape claims. The Trial Court released all the suspected persons because of insufficient evidence and political support of local MLA.

Activists and Public Interest Litigation

Hurt by the fact that the accused people were acquitted, women rights groups and activists came to Bhanwari Devi side. The Vishaka organization had already filed a Public Interest Litigation (PIL) under the Article 32 and requested in the application to implement the fundamental rights of the women at the workplace under the Article 14, Article 15, Article 19, and Article 21 of the Indian Constitution. The PIL emphasized the importance of putting laws in place to ensure that women are not sexually harassed at work.

LEGAL ISSUES 

The core concern of the Vishaka vs State of Rajasthan case was the fact that, should there be mandatory provisions to deal with and prevent sexual harassment of women at the work place bearing in mind that there were no specific law to deal with this crime at the time in the Constitution of India?

Laws that were involved in the case of Vishaka vs State of Rajasthan. Article 14, Article 15, Article 19(1)(g) and Article 21 of the Constitution of India were significant in the case Vishaka vs State of Rajasthan case Article 14.

 These provisions are analysed as follows- 

Article 14 of Indian Constitution: Equality before Law Article 14 of the Constitution of India points out that the State shall not deprive any individual of the equality before the law or equal protection of the laws within the territory of India. Article 15 of the Constitution: Discrimination Illicit. 

Article 15 of the Constitution states that the state would not discriminate any citizen on the basis of religion alone or race alone or caste alone or sex alone or place of birth alone or any of the above.

Article 19 (1) (g) of Constitution: Right to Practice any Profession. Article 19(1)(g) of the Constitution of India stipulated that every citizen is entitled to the right to practice any profession, or to conduct any occupation, trade or business.

Article 21 of Constitution: Protection of Life and Personal Liberty. Article 21 of the Constitution of India states that no individual would be denied his life or personal liberty except on the basis of a procedure laid down by law.

Case Judgment and Impact of Vishaka Case

On 13th August 1997 in the case of Vishaka vs State of Rajasthan, the Supreme Court consisting of a 3 judge bench led by Justice J.S Verma, Justice Sujata V. Manohar and Justice B.N Kripal found that sexual harassment of women in workplace violates fundamental rights of women guaranteed in Article 14, Article 15, Article 19(1) (g) and Article 21 of the constitution of the India. 

The Court of Vishaka vs State of Rajasthan gave the guidelines known as Vishaka Guidelines that defined sexual harassment and gave procedures that must be followed by the employers both in the private and the public sector. The Vishaka guidelines mandated that the foundation of committees be based with reference to sexually harassing women and providing safe working environment to women. Until the passage of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013, the Vishaka Guidelines became the de facto law on sexual harassment. 

Vishaka Case Guidelines

The Supreme Court formulated the following rules in the case of Vishaka vs State of Rajasthan –

• Responsibility of the Employer: It is the responsibility of the employer or persons in the same line of duty to ensure that there are no occasions of sexual harassment. In case such cases occur, then organizations must have the right mechanisms to offer both legal and conciliatory solutions.
• Definition of Sexual Harassment: Sexual harassment entails any form of undesirable sexual conduct, whether direct or indirect, including: Physical touching and propositions. Sexual favours as a request or demand. Sexually coloured remarks. Displaying pornography. Any other unwelcome, whether physical, verbal, or non-verbal, sexual type of conduct.
•  Preventive Measures: Preventive Measures: Employers should have preventive measures to address sexual harassment. Publication of explicit bans against sexual harassment in form of notifications or circulars. Fine imposition on offenders. Assure proper work environment as far as hygiene, health and recreation are concerned. 
• Misconduct: The employer has the duty to prosecute the misconduct through reporting the matter to the relevant authorities in case the misconduct is an offence as stipulated by the Indian Penal Code 1860.
• Disciplinary Action: The employers should provide an appropriate disciplinary action against the violators of the rules of service in case of violation.
• Redressal Mechanism: To address the case of sexual harassment, the organization has to establish the basis of a redressal mechanism regardless of whether the act is punishable under the Indian Penal Code (Now Bharatiya Nyaya Sanhita 2023) or not. 
•  Redressal Committee: Redressal mechanism ought to comprise of a committee on redressal, which is composed of most women and a female head. counselling services should also be available in the committee.
•  Awareness and Training: To create awareness about sexual harassment, the employers ought to hold meetings with employees and take any relevant measures to enlighten them .

Vishaka Case Significance

 Vishaka vs State of Rajasthan case is very important due to a number of reasons. It was the very first instance when sexual harassment in the workplace was acknowledged as a type of discrimination and breach of the basic rights of women. The case gave women a formal way of combating and seeking justice against such conduct by creating legal guidelines that are clear. These rules were later used to establish the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The main objective was to provide a safe, respectful and harassment free workplace to women. The case of Vishaka v State of Rajasthan also highlighted the significance of women being active workforce in the development of the country. It also enabled them to voice out women against harassment and make the society aware of the problem thus sensitizing them of the gravity of the situation.

Sexual Harassment of Women in Workplace Act, 2013. Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 popularly referred to as the POSH Act. It was passed a decade after the Vishaka Guidelines.

The Act is designed to bring about gender equality and a secure working environment where there is respect in all sectors in India. 

 It relies on the principles of Vishaka v State of Rajasthan Guidelines that offered the first model to combat sexual harassment at work place. 

 The Act defines sexual harassment in a broad way and provides specific mechanisms of how to file, investigate and resolve complaints.

 Any workplace having a workforce of ten or more workers has to establish an Internal Complaints Committee (ICC).

 The ICC has the same powers as a civil court and is chaired by a senior female employee, two other members and one external one.

• Companies having a workforce of less than ten workers are under the umbrella of the Local Complaints Committee (LCC) which is also applicable to the unorganized sectors and domestic employees. 
• Within a period of three months following the incident, complaints are to be made, but this can be extended by the ICC. 
• In case the complaint is proven right, the ICC may suggest punishment according to the service regulations of the employer.
• Before a formal investigation is carried out, there is an option to provide mediation.
• The complainant has 90 days to appeal the decision of the ICC in court in case of dissatisfaction. 
• All information on the proceedings, witnesses, respondent, and complainant is prohibited by the Act. 
• It also contains provisions of punishment in case of false complaints and falsified evidence. 

Conclusion

The Vishaka vs State of Rajasthan AIR 1997 SC 3011 is a landmark decision in the legal history of India that offers an insight and protection against sexual harassment of women in the work environment. The Supreme Court ruling put an emphasis on safe and respectable working conditions of women.