Citation:

(1997) 6 SCC 241 | AIR 1997 SC 3011

Bench Strength:

3 Judges

Date of Judgment:

August 13, 1997

---

🧭 Background and Context

This case was filed in the wake of the brutal gang rape of Bhanwari Devi, a social worker in Rajasthan, who had tried to stop a child marriage in her village. She was raped by a group of men from a dominant caste in retaliation for her activism. Despite this horrific assault, no effective action was taken by local authorities, and the trial resulted in acquittal of all accused.

The Vishaka group of women’s rights activists filed a Public Interest Litigation (PIL) before the Supreme Court, seeking enforcement of basic gender equality and dignity under the Constitution, especially in the absence of a specific domestic law prohibiting sexual harassment at the workplace.

---

⚖️ Key Legal Issues

1. Is sexual harassment at the workplace a violation of Fundamental Rights under the Indian Constitution?
2. Can the Supreme Court frame enforceable guidelines in the absence of specific legislation?
3. Can international conventions (like CEDAW) be used to interpret constitutional rights?

---

🧑‍⚖️ Arguments from Petitioners (Vishaka & Others):

• Sexual harassment violates women’s rights to equality (Article 14), life and dignity (Article 21), and freedom to practice any profession (Article 19(1)(g)).
• Cited India’s obligations under international law, especially the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
• Argued that there was no effective legal mechanism to deal with such harassment, creating a hostile work environment that discouraged women’s participation in the workforce.

---

🧾 The Verdict

The Supreme Court delivered a landmark judgment that filled the legislative vacuum on sexual harassment at the workplace.

Key Findings:

1. Sexual harassment is a violation of Fundamental Rights under Articles 14, 15, 19(1)(g), and 21.
2. In the absence of domestic legislation, the Court has the authority to frame guidelines, especially when Fundamental Rights are at stake.
3. International conventions, such as CEDAW, can be used to interpret constitutional provisions if there is no inconsistency with Indian law.

---

📜 The Vishaka Guidelines: Core Features

The Court laid down the Vishaka Guidelines, which would function as binding law until Parliament enacted legislation:

1. Definition of Sexual Harassment included:
   • Unwelcome physical contact
   • Demands for sexual favors
   • Sexually colored remarks
   • Display of pornography
   • Other verbal or non-verbal conduct of a sexual nature
2. Employer Obligations:
   • Prevent harassment through awareness
   • Set up a Complaints Committee with a woman chairperson and external NGO/activist
   • Provide appropriate disciplinary action
3. Redressal Mechanism:
   • Time-bound resolution
   • Confidentiality of proceedings
   • Protection against victimization

---

📚 Impact and Legacy

• The Vishaka judgment was the first legal framework in India that addressed workplace sexual harassment.
• The guidelines remained in force until 2013, when Parliament enacted the: Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, often referred to as the “POSH Act.”
• The case gave legal legitimacy to gender-sensitive workplace policies and recognized international law as an interpretive tool in human rights enforcement.

---

🧠 Trivia and Facts

• This case is considered one of the finest examples of judicial activism in India.
• It placed the judiciary in a quasi-legislative role, using its power under Article 32 to enforce Fundamental Rights.
• Bhanwari Devi never received full justice in her own case—but her story sparked a national movement for workplace safety.

---

🧱 Constitutional and Social Significance

• Reaffirmed women’s right to work with dignity.
• Made it mandatory for institutions and employers to act against harassment.
• Expanded the role of public interest litigation in shaping social justice jurisprudence.
• Inspired organizational reforms in both private and public sectors.

---

🧭 Conclusion

Vishaka v. State of Rajasthan was more than just a legal case—it was a turning point in India’s feminist legal history. By recognizing workplace sexual harassment as a violation of Fundamental Rights, and issuing actionable guidelines, the Supreme Court ensured that gender justice could no longer be ignored in professional spaces. It remains a foundational precedent for gender-sensitive constitutional interpretation and employer responsibility in India.