Vishakha and Others

v.
State of
Rajasthan and
Others
(AIR 1997)
CA2.Assignment
Submitted to: Ms. Kiranpreet Kaur

Submitted By: Pa(117402814)

Section: 1405(LLB 3rd Sem.)
Subject Code: Law315
Introduction:
Vishaka & Others vs State of Rajasthan & Others on 13 August 1997
Bench: Cji, Sujata V. Manohar, B. N. Kirpal
Petitioner: Vishaka & ors.

vs.

Respondent:
State of Rajasthan & ors.

Date of judgment: 13/08/1997

Vishakha and others v State of Rajasthan was a 1997 Indian Supreme Court case where
Vishakha and other women groups filed Public Interest Litigation (PIL) against State
of Rajasthan and Union of India to enforce the fundamental rights of working women under
Articles 14, 19 and 21 of the Constitution of India. The petition was filed after Bhanwari
Devi, a social worker in Rajasthan was brutally gang raped for stopping a child marriage. The
present petition has been brought as a class action by certain social activists and NGOs with
the aim of focussing attention towards this societal aberration, and assisting in finding
suitable methods for realisation of the true concept of 'gender equality'; and to prevent sexual
harassment of working women in all work places through judicial process, to fill the space in
existing legislation.

Fact of the Case: -

Bhanwari Devi, who was a social worker in a programme initiated by the state government of
Rajasthan aiming to curb the evil of Child Marriage. Among, the protest to stop a child
marriage in one Ramakant Gujjar’s family Bhanwari Devi tried her best to stop that marriage.
However, the marriage was successful in its completion even though widespread protest. In
1992, Ramakant Gujjar along with his 5 men gang raped her in front of her husband. The
police department at first tried to discourage them on filing the case on one pretext or other
but to her determination. They were however, subjected to harsh cruelty by the female police
attendants even to the extent that for procuring evidence her lehenga was demanded from her
and she was left with nothing but her husband’s blood – stained dhoti. Bhanwari Devi was
determined to get justice so she lodged a case against the offenders. The accused was
acquitted by a trial court. Several inspired women’s groups and NGOs to file a petition in the
Supreme Court under the collective platform of Vishakha. The apex court was called upon to
frame guidelines for preventing Sexual Harassment at Workplace.

Issue
1. Whether employer has any responsibility for sexual harassment by
its employees.
2. Whether employer has any responsibility for sexual harassment to its
employees.
 Application of law: -
In this case Article 14; Article 15; Article 19; Article 42, Article51; Article 51A of
the Indian Constitution are applied. These rights are violative in this case.

1. Article 14 is deals with the Equality before the law;

2. Article 15is deals with Prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth;
3. Article 19 (1)(g) is deals with Right to practice one’s profession, or to carry on
any occupation, trade or business
4. Article 21 is deals with Right to life and personal liberty
The Court referred to India’s ratification of the ‘Convention on the Elimination of All Forms
of Discrimination against Women’ (CEDAW), which has prohibited discrimination in the
workplace and outlines specific state obligations to end it:

 Article 11(1) (a, f): The right to work and the right to protection of health and to safety in
working conditions, including the safeguarding of the function of reproduction
 Article 24: States parties undertake to adopt all necessary measures at the national level
aimed at achieving the full realization of the rights recognized in the present Convention
 General Recommendation No. 19: On the elimination of violence against women.
Without domestic legislation to adequately address sexual harassment in the workplace, the
Court undertook measures to enforce gender equality and non-discrimination in accordance
with universal human rights norms and standards.

Judgement: -
In the case Vishaka and Others v. State of Rajasthan and Others (1997(7) SC 384), the
Hon’ble Supreme Court has laid down guidelines and norms to be observed to prevent sexual
harassment of working women. The Court held that Gender Equality finds place in
Fundamental Rights enshrined under Article 14, 19 & 21. Sexual Harassment at Workplace is
a clear violation of gender Equality which in turn violates these integral rights of the female
class. Such harassment also results in the freedom provided under Article 19(1)(g). The
protection of females has become a basic minimum in nation across the globe. In the absence
of domestic law to curb the evil, assistance could be rendered from International Conventions
and Statues to the extent that it does not contravenes with any domestic law or the do not
violates the spirit of Constitution. The Judiciary derived this authority from Article 51(c) and
253 r/w Entry 14 of the Union List of Seventh schedule of the Constitution. The court held
that such violation therefore attracts the remedy u/a 32.

It laid down the requirements for employers dealing with complaints of sexual assault and
stipulated the formation of committees to dispose of complaints from victims of harassment.
Some general points are described under Vishaka Judgements: -

1. Gender equality includes protection from sexual harassment and the right to work
with dignity as per our constitution.
 2. Extra hazard for a working woman compared her male colleague is clear violation of
the fundamental rights of Gender Equality & Right to Life and Liberty.

3. Safe working environment is fundamental right of a working woman.

4. In no way should working women be discriminated at the workplace against male

employees. (If a woman is, then it must be documented in company policies, for
example limitation of women in police and armed forces.)

5. Working with full dignity is the fundamental right of working women.

6. The right to work as an inalienable right of all working women.

7. The Vishakha judgment had recommended a Complaints Committee at all

workplaces, headed by a woman employee, with not less than half of its members
being women. All complaints of sexual harassment by any woman employee would
be directed to this committee. This is significant because an immediate supervisor
may also be the perpetrator. The committee advises the victim on further course of
action and recommends to the management the course of action against the man
accused of harassment.

In the Vishakha judgment the Court defines Sexual Harassment at the Workplace or
What is the Sexual Harassment at the Workplace?

Anything at work that can place the working woman at disadvantage compared to other male
employees in her official career just because she is a woman – can be termed as sexual
harassment.

Unwelcome sexually determined behaviour & demands from males’ employees at workplace,
such as: any physical contacts and advances, sexually coloured remarks, showing
pornography, passing lewd comments or gestures, sexual demands by any means, any
rumours/talk at workplace with sexually coloured remarks about a working woman, or
spreading rumours about a woman’s sexual relationship with anybody.

The judiciary found the following as source of the guidelines which would act as law of the
land:

 Convention on the Elimination of all forms of Discrimination against Women

(Article 11 & 24)
 General recommendations of CEDAW in this context (Article 11,22,23,24)
 At the 4th World Conference on Women in Beijing, Govt. of India made an official
commitment to set up a National Commission at every level and in every sector
that will look after Women’s Rights.

The Supreme Court inter alia, clearly mentioned that the guidelines were to be treated as law
declared u/a 141.
 Vishaka Guidelines, 1997-:

In its judgment, the Court provided a set of guidelines for employers as well as other
responsible persons or institutions – to immediately ensure the prevention of sexual
harassment. In accordance with Article 141 of Constitution, these guidelines were to be
considered law until appropriate legislation was created: -

 Sexual Harassment consists of unwelcomed sexually determined behaviour as physical

sexual contact, sexual favour, sexual remarks, pornographic content and verbal. Non-verbal
conduct of sexual nature
 Sexual Harassment at workplace should be always –informed, produced & circulated
 Whenever a sexual harassment takes place which amounts to a specific offence under law,
the employer should take action by complaining about the same to the appropriate
authority.
 An appropriate mechanism of prevention should be created for redressal of the complaint.

After passed of this judgement one Act was come into force for the
Protection of a women from Sexual harassment at a Workplace. The Act
name is SEXUAL HARASSMENT AT WORKPLACE (PREVENTION,
PROHIBITION AND REDRESSAL) ACT, 2013
It took the government seventeen years to pass the law against harassment within the
geographical point earlier this year, within the wake of the Delhi gang rape last Dec, once the
Supreme Court had in 1997 set down the Vishaka Guidelines on the matter.

The Act includes several provisions of the Vishakha Guidelines, that 1st required the
formulation of “a code of conduct for work place”. Building on the Vishakha Guidelines, the
Act imply the formation of an interior complaints committee and an area complaints
committee at the district level.

The Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013
seeks to guard women from harassment at their place of work in an exceedingly abundant
wider sense.

The Bill was 1st introduced by Women and Child Development Minister Krishna Tirath in
2007 and approved by the Cabinet Union in Jan 2010. it had been tabled within the Lok
Sabha in Dec 2010 and observed the Parliamentary commission on Human Resources
Development. The committee’s report was printed in November 2011.

In 2012, the Cabinet Union approved change to incorporate domestic employees. The
amended Bill finally elapsed the Lok Sabha in September 2012. Bill elapsed in Rajya Sabha
in February 2013. It received the assent of the President of India on April 2013 and finally
came into force in December 2013.

Important provisions of the act:-

 1-The Act defines harassment at the work place and provides a mechanism for redressal of
complaints and safeguards against the false charges.

2. The definition of “aggrieved woman”, WHO can get protection under the Act is
extraordinarily wide to hide all girls, no matter her age or employment standing, whether
within the organized or unorganized sectors, public or personal and covers purchasers,
customers and domestic employees similarly.
3. whereas the “workplace” within the Vishaka tips is confined to the normal workplace set-
up wherever there’s a transparent employer-employee relationship, the Act goes abundant
additional to incorporate organisations, department, office, branch unit etc. within the
public and personal sector, organized and unorganized, hospitals, nursing homes, academic
establishments, sports institutes, stadiums, sports advanced and anyplace visited by the
worker throughout the course of employment as well as the transportation.
4. Each leader is needed to represent an interior Complaints Committee at every workplace or
branch with ten or a lot of staff. The District Officer is needed to represent a
neighbourhood Complaints Committee at every district, and if needed at the block level.
5. The Committee is needed to complete the inquiry inside a fundamental quantity of ninety
days. On completion of the inquiry, the report are sent to the leader or the District Officer,
because the case could also be, they’re mandated to require action on the report inside sixty
days.
6. The Complaints Committees have the powers of civil courts for gathering proof.
7. The Complaints Committees square measure needed to supply for conciliation before
initiating Associate in Nursing inquiry, if requested by the litigant.
8. Penalties are prescribed for employers. Non-compliance with the provisions of the Act
shall be punishable with a fine of up to fifty thousand.

Conclusion: -
Vishakha judgment is one of the most gifted pieces of law the court has ever enacted in its
history since its inception. The court seeing the importance of the matter, came directly into
the ground by breaking all the restrictions upon it by the constitution and laid down such
guidelines which would ensure that no such act of harassment goes unpunished. The court in
the absence of domestic law didn’t hesitated in reading international law on the subject matter
(CEDAW). The SC found authority for such reference in combined reading of art. 253 read
with entry 14 of Union List in Seventh Schedule.