Vishakha v. State of Rajasthan (1997) is a landmark case in Indian jurisprudence concerning sexual harassment at the workplace and the subsequent formulation of guidelines to address and prevent such harassment. Here’s an overview of the case:
Background:
In 1992, Bhanwari Devi, a social worker in Rajasthan, was gang-raped by upper-caste men for stopping a child marriage. When she sought justice, her case was dismissed due to her low-caste status. This event sparked national outrage and led to the filing of a PIL (Public Interest Litigation) by Vishakha, a women’s rights organization, before the Supreme Court of India.
Legal Issues:
- Violation of Fundamental Rights: Whether the sexual harassment faced by women at workplaces violates their fundamental rights to equality (Article 14), non-discrimination (Article 15), and right to life and liberty (Article 21) under the Indian Constitution.
- Lack of Legal Framework: Whether there existed a legal framework in India to address and prevent sexual harassment at workplaces.
Court’s Decision:
The Supreme Court of India, in its landmark judgment, addressed the issue of sexual harassment at workplaces and laid down guidelines to be followed by employers. Key points of the decision include:
- Definition of Sexual Harassment: The Court defined sexual harassment broadly to include unwelcome sexually determined behavior (whether directly or by implication) such as physical contact and advances, demand or request for sexual favors, sexually colored remarks, showing pornography, etc.
- Guidelines for Prevention: The judgment laid down comprehensive guidelines for employers to prevent and address sexual harassment, including the establishment of a complaints committee, the requirement for a formal inquiry into complaints, and the provision of disciplinary action against offenders.
- Legal Obligations: It emphasized the responsibility of employers to provide a safe working environment free from sexual harassment, outlining both civil and criminal liability for non-compliance with the guidelines.
Significance:
- Legal Framework: The Vishakha case laid the foundation for the formulation of laws addressing sexual harassment at workplaces in India. It led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which provides a statutory framework based on the Vishakha guidelines.
- Empowerment of Women: The judgment empowered women by recognizing their rights and providing mechanisms for redressal against sexual harassment, thus promoting gender equality and dignity in the workplace.
- Impact on Jurisprudence: The case expanded the scope of fundamental rights under the Indian Constitution to include the right to a safe working environment free from sexual harassment, influencing subsequent judgments and legal reforms.
Legacy:
- The Vishakha case remains a pivotal reference point in Indian legal history, influencing workplace policies and legal frameworks aimed at preventing and addressing sexual harassment.
- It symbolizes a landmark victory for women’s rights movements in India, emphasizing the judiciary’s role in upholding gender justice and ensuring a conducive environment for all individuals in the workplace.