Vishaka & Ors vs State Of Rajasthan & Ors
Writ petition no: Writ petn. (Criminal) Nos. 666-70 of 1992
Date of Judgment: 13-08-1997
Vishaka vs State of Rajasthan is a landmark judgement in Indian jurisprudence, particularly in the area of workplace sexual harassment. This case laid down guidelines and norms to be followed by employers in India to prevent and address sexual harassment in the workplace. Here are the key details.
Facts
The case originated from a public interest litigation (PIL) filed by several women’s rights organizations in India after the brutal gang rape of a social worker named Bhanwari Devi in Rajasthan.
Bhanwari Devi was a government employee who had been working to prevent child marriages. She was gang-raped by influential men in her village as a punishment for her efforts to stop child marriage.
The case raised important questions about the absence of legal mechanisms to address sexual harassment in the workplace and the need for guidelines to prevent and redress such incidents.
Issues
The primary issue before the Supreme Court of India in the case of Vishaka vs State of Rajasthan was:
- Whether sexual harassment of women at workplaces amounts to a violation of their Fundamental Rights under the Indian Constitution.
- Whether there was a need for guidelines and norms to prevent and address sexual harassment in the workplace.
Petitioner’s Contention
The Vishaka group, which was made up of a number of women’s rights activists, NGOs, and other social activists, filed a writ petition seeking the writ of mandamus. They argued that indecent acts of sexual harassment of women at work violate the Fundamental Rights guaranteed by Articles 14, 15, 19(1)(g), and 21 of the Indian Constitution.
Given the absence of specific legislation, the petitioners argued that the Supreme Court should issue guidelines to provide interim relief until a comprehensive legal framework was put in place. These guidelines would serve as a basis for employers to establish mechanisms to prevent and address sexual harassment in the workplace.
Respondent’s Contention
The respondents have argued that there was no specific legislation in place at the time that directly addressed sexual harassment in the workplace. They might have contended that the absence of such legislation meant that there were no legal grounds for the court to intervene.
Judgement
In its landmark judgement, the Supreme Court of India held that sexual harassment in the workplace amounts to a violation of the Fundamental Rights of women under Articles 14, 15, and 21 of the Indian Constitution.
So, the court laid down important guidelines to address and prevent sexual harassment in the workplace in India. These guidelines, commonly known as the “Vishaka Guidelines,” were issued by the Supreme Court of India in the absence of specific legislation on the subject. They served as the foundation for the eventual enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
Here are the key guidelines from the Vishaka case:
- The Vishaka Guidelines defined sexual harassment at the workplace as any unwelcome act or behaviour, whether directly or by implication, including physical contact, advances, demand, request for sexual favours, making sexually coloured remarks, or showing pornography. It emphasized that any act that interferes with a woman’s work or creates an intimidating, hostile, or offensive work environment is considered sexual harassment.
- Employers or persons in charge of workplaces were made responsible for preventing and addressing sexual harassment. They were required to take proactive measures to prevent sexual harassment and provide a safe working environment for employees.
- Employers were instructed to set up Internal Complaints Committees (ICC) at each workplace with more than ten employees. The ICC was tasked with receiving and redressing complaints of sexual harassment. The committee should be composed of at least one external member knowledgeable about the issue and should be headed by a woman.
- The guidelines outlined a detailed procedure for filing and addressing complaints. It stressed the importance of maintaining confidentiality during the inquiry.
- The guidelines prohibited any retaliation or adverse actions against the complainant or witnesses. However, those who made false or malicious complaints could face disciplinary action.
- Employers were required to conduct awareness programs and training for employees to educate them about what constitutes sexual harassment, how to prevent it, and the procedure for filing complaints.
- Employers had an obligation to submit reports on the number of complaints received and action taken to appropriate authorities.
- The guidelines did not specify penalties but left it to the discretion of the employer to take disciplinary action against the harasser based on the seriousness of the offence.
It’s important to note that while the Vishaka Guidelines provided a framework for addressing workplace sexual harassment, they were not a substitute for comprehensive legislation. Subsequently, the Indian government enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, which expanded on and formalized many of these guidelines, providing a more robust legal framework to address and prevent sexual harassment at the workplace in India.
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