Vishaka & Ors. v. State of Rajasthan & Ors.

1. Case Citation and Basic Information.

Case Name: Vishaka & Ors. v. State of Rajasthan & Ors.

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

Court: Supreme Court of India

Date of judgement: 13 August 1997

Bench: Chief Justice J.S. Verma, Justice Sujata V. Manohar and Justice B.N Kirpal

Nature of Proceedings: Writ Petitions under Article 32 of the  Constitution of India

2. Introduction

The judgement in Vishaka & Ors. v. State of Rajasthan & Ors. is considered to be an important decision of the Supreme Court of India regarding gender equality, safety in workplaces and protection of fundamental rights of women. India did not have any specific legislation for dealing with harassment of women at workplaces when this case happened.  This created a serious issue while protecting working women.^[1]

The Supreme Court of India acknowledged this issue as there was no specific legislation in India for dealing with sexual harassment at workplace. The Court held that every woman has a right to a safe workplace, equality and to live with dignity. Also held that the fundamental rights given under Article 14, 15, 19(1)(g) and 21 of the Constitution are violated if sexual harassment is done at workplaces.^[2] As a result, Vishakha Guidelines were laid down for protection of women at the workplace until specific legislation was enacted.^[3] This judgement is considered to be an important decision to protect fundamental rights of women and ensure their safety at workplaces.

3. Facts

Bhanwari Devi was a social worker working with a government programme in Rajasthan to create awareness about social practices and child marriage. During her work, she attempted to create awareness and  prevent young girl’s child marriage but her intervention in such  things  made her face hostility and violence. Hence some members of the same community gang raped her.^[4]

This incident showed serious issues in the process of handling sexual harassment done against women at workplace. It highlighted the difficulties that the women face while they are working for social causes and it becomes somewhat worse when their work put a  challenge traditional practices.

However, the case before the Supreme Court was not only about the criminal offence committed against Bhanwari Devi. To protect working women for sexual harassment, seek effective measures  and to safeguard their fundamental rights, a public interest petition was made.^[5]

The petitioners argued that there were not enough existing laws to provide protection to women against sexual harassment at work. Women’s constitutional rights were not being protected as there was no specific law for it. The Supreme Court considered this matter to be an issue to be known to public as it focuses on gender equality and to ensure safe working environment free from sexual harassment.^[6]

       4. Legal Issues

• Whether sexual harassment of women at the workplace violates their fundamental rights under Articles 14, 15, 19(1)(g), and 21 of the Constitution?
• Whether the Supreme Court could make guidelines to prevent and deal with sexual harassment at the workplace when there was no specific law on the subject?
• Whether the Court could use international laws and conventions, especially CEDAW, to help interpret and protect women’s fundamental rights under the Constitution?
• Whether the guidelines made by the Supreme Court could be treated as binding law until Parliament passed a specific law on workplace sexual harassment?^[7]

5. Arguments Presented

Petitioners’ Arguments:

The problem of sexual harassment of women at workplace was highlighted and the petitioners were social activists and organisation who addressed this issue to Supreme Court. They argued that the right to equality and gender equality guaranteed by the Constitution and sexual harassment at workplace goes against those rights. Due to this behaviour, it becomes difficult for women.  This violates the rights granted by constitution under Articles 14, 15, 19(1)(g), and 21.

The petitioners held that there are no specific laws or legislation to deal with sexual harassment at workplace. Therefore proper rules and measures are required to ensure safety of women at the workplace and to deal with such harassment. They aimed to create a safe working place and a system to protect women’s from sexual harassment.^[8] 

Respondent’s Position:

There were no legislation to deal with sexual harassment in workplace so the Court had to consider the issue with the help of the Solicitor General and other lawyers. Through this what kind of rules and safeguards should be created was decided. The Court had to determine how existing legislation provides effective protection  to the women at the workplace until a suitable framework was enacted.^[9]

6. Court’s Reasoning and Analysis:

Sexual Harassment at the workplace is considered to be a serious violation to women’s right.

The Court held that such sexual harassment at workplace violated the women’s rights to work in safe environment and denied them dignity and respect.^[10]

Article 14 considers every person equal before the law and provides the right to equality before law. Article 15 provides protection against discrimination based on sex. Article 19(1)(g) grants people the right to practise a profession or carry on an occupation whereas Article 21 provides right to life and protects personal liberty.^[11]

The Court held that due to the sexual harassment of women at work, these rights were not be used  properly.  Such harassment and uncomfortable workplace made it difficult for women to work freely and had impacted their productivity level. To protect women’s rights, there was a need to create some safeguard to ensure safety of women at work. The Court also considered Article 32 that gives the Supreme Court of India the power to protect fundamental rights.^[12]

After referring to international law like CEDAW Convention on the Elimination of All Forms of Discrimination Against Women which is specialised in dealing with protection of women from discrimination, the Court held that these rules could be used to help understand and protect fundamental rights when they were consistent with the Indian Constitution and there was no domestic law covering the issue.^[13]   

Therefore, the Court’s decision was taken by considering constitutional rights, international principles, and the necessity to have practical protection for women at workplace.

The Vishaka Guidelines

The Supreme Court of India created the Vishaka Guidelines to ensure safe working environment for women and to prevent and deal with sexual harassment.^[14] The guidelines were:

1. Employers must ensure all necessary arrangements to provide a safe working environment for women in the workplace.
2. Unwanted physical contact, sexual advances, demands for sexual favours, sexually coloured remarks, showing pornography, and other unwanted sexual behaviour are considered to be Sexual Harassment.
3. There must be proper complaint mechanism in every workplace to make it accessible for the women to  report sexual harassment.
4. Employers need to take measure to create awareness about the consequences of sexual harassment and need to take preventive steps.
5. There must be 50%  representation of women in the complaint committee and the head of the committee must be a woman.
6. There must be confidentiality while handling the complaints and remedy must be provided within reasonable time.
7.  Appropriate legal action must be taken for the conduct which amounts to criminal offence. Employers also have to take actions against a conduct committed by a third person who is connected with the workplace.
8. Employers need to make employees informed about the right they have and the protection available to them.^[15]

7. Judgment and Ratio Decidendi

The Supreme Court of India laid down the Vishaka Guidelines to ensure safe working place for women and allowed petition for the same. The Court held that the guidelines are active until a specific legislation dealing with workplace sexual harassment is passed.^[16] According to Article 141 of the Constitution these guidelines are treated as bindings.

The sexual harassment at the workplace which violates fundamental rights of women such as equality, right to have dignified life, right to work  is the main legal principle here. The Court held that compatible international norms may assist constitutional interpretation where domestic law is absent.^[17]

8. Critical Analysis

8.1 Significance of the Decision

The Vishaka judgment is to be  a major development in Indian law as prior to it there was no specific law for protection for women in workplace or which will prevent sexual harassment . The Court connected sexual harassment with the fundamental rights to equality, dignity and professional freedom under Articles 14, 15, 19(1)(g) and 21.^[18]

The judgment held that when there is a gap in legislation courts can protect fundamental rights.

8.2 Implications and Impact

The Court introduced the Vishaka Guidelines, which required employers to prevent sexual harassment and provide a proper complaint mechanism.

These guidelines later influenced the Sexual Harassment of Women at Workplace Act, 2013, which created a detailed legal framework for complaints, inquiries and prevention of sexual harassment.^[19]

Thus, the judgment played an important role in improving workplace protection for women.

8.3 Critical Evaluation

The  judgment mainly  focused on women’s equality, dignity and safety which made it powerful. It not only punishes the wrongdoer but also helps prevent it.

However, the Court created detailed guidelines even though making laws is normally the role of Parliament. This raised questions about judicial law-making. Still, the Court made the guidelines temporary, stating that they would apply until appropriate legislation was enacted.

9. Conclusion

Vishaka v. State of Rajasthan is a landmark judgment for women’s rights in India. The Court recognized that sexual harassment violates women’s rights to equality, dignity and a safe workplace.

The Vishaka Guidelines filled the legal gap until the 2013 Act was enacted. The judgment’s lasting importance is that the right to work also includes the right to work in a safe and dignified environment.

10. Reference(S):

1. Vishaka v. State of Rajasthan, (1997) 6 SCC 241.
2. Vishaka v. State of Rajasthan, AIR 1997 SC 3011.
3. Constitution of India, arts. 14, 15, 19(1)(g), 21, 32, 141.
4. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979.
5. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, No. 14 of 2013.
6. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013.

^[1] Vishaka v. State of Rajasthan, (1997) 6 SCC 241, 243–44

^[2] Id. at 246–48.

^[3] Id. at 250–55.

^[4] Id. at 241–43.

^[5] Id. at 243–44.

^[6] Id. at 243–45.

^[7] Id. at 247–56.

^[8] Id. at 243–48.

^[9] Id. at 247–50.

^[10] Id. at 246–48.

^[11] Id. at 246–47.

^[12] Id. at 247–48.

^[13] Id. at 249–50.

^[14] Id. at 250–55.

^[15] Id. at 251–55.

^[16] Id. at 255–56.

^[17] Id. at 249–50.

^[18] Id. at 246–48.

^[19] Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, No. 14 of 2013, §§ 3–4, 9–13, India Code.