Case: Vishakha & Others v. State of Rajasthan & Others
Date of Order / Judgment: 12th August, 2024
The Matter Heard by Bench: CJI J.S. Verma, Justice Sujata V. Manohar, and Justice B.N. Kirpal
Background
The case was brought before the Supreme Court of India by Vishakha, an NGO, along with other
women's rights organizations following the brutal gang rape of Bhanwari Devi, a social worker from
Rajasthan, who was attempting to stop a child marriage. The incident highlighted the inadequate
legal framework to protect women from sexual harassment in the workplace. At the time, there was
no specific law addressing sexual harassment, and the petitioners sought judicial intervention to fill
this legislative gap.
Issues
- 1. Absence of Law: Whether the absence of legislative measures to address sexual harassment in the
workplace violated the fundamental rights of women under Articles 14, 19, and 21 of the
Constitution of India.
- 2. Need for Guidelines: Whether the Supreme Court could lay down guidelines to prevent sexual
harassment until suitable legislation was enacted.
Observations:
- 1. Fundamental Rights Violation: The Court observed that sexual harassment in the workplace is a
clear violation of the fundamental rights to equality, life, and liberty, as enshrined in Articles 14, 19,
and 21 of the Constitution.
- 2. International Norms: The Court referred to the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), which India had ratified, and underscored the country's
obligation to ensure gender equality and protect women from sexual harassment.
- 3. Judicial Activism: Given the absence of specific legislation, the Court recognized its responsibility
to intervene and provide a mechanism to address workplace sexual harassment.
Decision:
The Supreme Court laid down the Vishakha Guidelines to address the issue of sexual harassment in
the workplace. These guidelines mandated that employers must:
- 1. Establish complaint committees to address grievances.
- 2. Ensure that such committees were headed by women and involved third-party members to
prevent bias.
- 3. Implement measures to raise awareness about sexual harassment and the procedures to report it.
The Court also directed that these guidelines would be binding and enforceable in law until suitable
legislation was enacted.
The Vishakha judgment was a landmark decision that filled the legislative void concerning sexual
harassment in the workplace in India. It ultimately led to the enactment of the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This Act codified the
guidelines laid down in the Vishakha judgment, providing a legal framework to protect women from
sexual harassment in workplaces across India.