CASE STUDY

Vishakha and others v. State of Rajasthan

DIPIKA
Vishakha and others v. State of Rajasthan

Citation(s): AIR 1997 SC 3011

➢ A social development programme at the rural level that was about to end child
marriage in a village was being implemented by the Rajasthan state government while
Bhanwari Devi, a social activist and worker, was working under it in one of the villages
of Rajasthan.
➢ Bhanwari Devi made it her mission to prevent the marriage of Ramkaran Gujjar's
(thakurs) daughter, even though she was only a baby at the time.
➢ Bhanwari Devi attempted to dissolve her infant daughter's marriage as part of her
responsibility.
➢ Despite Bhanwari devi's futile attempts to prevent the marriage, it went forward, and
she was not absolved or forgiven for it.
➢ She was subjected to, or made a target for, social boycott.
➢ In front of her husband, she was gang raped in September 1992 by Ramkaran Gujjar
and his five friends.
➢ The male doctor at the neighbourhood primary care facility declined to examine her,
and the doctor in Jaipur just confirmed her age in the patient's medical report without
suggesting that she had been sexually assaulted.
➢ She endured continuous teasing from the women countable at the police station
during the entire night-time.
➢ A police officer instructed her to leave her lehnga behind as proof of the incident and
return to her village after midnight. They were forced to spend the entire night in the
police station because she was left with nothing except her husband's blood-stained
dhoti to wrap her body.
➢ The defendants were exonerated by the Trail Court because they were innocent.
➢ All of these statements and the judgement prompted women and NGOs to file a
petition (PIL) with the Supreme Court of India.
➢ The High Court stated in its judgement that the gang rape was committed in
retaliation.
 ISSUES
1. Whether sexual harassment in the workplace is a violation of Fundamental Rights
under Articles 14, 15 and 21 of the Constitution?

2. Whether International Convention can be applied in cases of the absence of appropriate

3. Whether laws requiring the rejection of sexual harassment of women at work should be passed?
 DECISION AND REASONS
ISSUE 1 –
Whether sexual harassment in the workplace is a violation of Fundamental Rights under
Article 14, 15 and 21 of the Constitution?
DECISION
First of all, the court determined that this act clearly violated Articles 14, 15, and 19(1)(g) of
the Constitution. A few additional provisions were also cited by the Court as being
pertinent, most notably Articles 42 (Provision for Just and Humane Conditions of Work and
Maternity Relief) and 51A. (Fundamental duties of the citizen).

ISSUE 2

Whether International Convention can be applied in cases of the absence of appropriate

Secondly, the Court dealt with the application of international conventions in the absence of
required Domestic Law. The court highlighted that a relevant International Convention
which is consistent with the fundamental rights as well in harmony within its scope can be
applied for the promotion of the Object of the Constitutional guarantee as implied under
the Article 51 (c) and Article 253 (Power of the Parliament to enact laws for the
implementation of the International Conventions and Norms) read along with the Entry 14
under the Union List in the 7th Schedule of the Indian Constitution. In addition to this, the
court also emphasized Article 73 (Extent of Executive power of the Union).

ISSUE 3

Whether laws requiring the rejection of sexual harassment of women at work should be
passed.

DECISION
YES, the enactment of guidelines mandatory for the repudment of sexual harassment of
women at workplace.
REASONS
In response to a writ petition filed by Vishakha, the crime's victim, Chief Justice J.S. Verma
delivered the verdict in Vishakha’ s case on behalf of Justices Sujata Manihar and B.N. Kripal.
According to the court, every profession, trade, or occupation is required by Articles 14[1],
19[2](1)(g), and 21[3] of the Indian Constitution to ensure a safe working environment for its
employees. It interfered with both the right to life and the right to a life of dignity. The
availability of a safe working environment at the workplace was a basic requirement.
Women have a basic right to be free from sexual harassment at work, according to the
Supreme Court. It also presented a number of significant instructions for the workers to go
by and prevent workplace sexual harassment of women. The court recommended having
appropriate procedures in place for handling incidents of workplace sexual harassment. The
Supreme Court's primary goal was to ensure that there was no discrimination against
women in the workplace and that there was gender equality among all persons.

Following this case, the Supreme Court clarified the definition of sexual harassment, making
it clear that it includes any physical contact or behaviour, the display of pornography, any
offensive remarks or misbehaviour, and any sexually motivated behaviour toward women.

According to rules established by the Supreme Court, the individual in control of a certain
institution, organisation, or office, whether it be private or public, will be responsible for
taking appropriate action to stop sexual harassment. The accused parties who engaged in
sexual harassment will face punishment. It had become an extremely important issue to
address in order to stop sexual harassment of women at work. Private businesses must
abide by severe regulations outlining the consequences of sexual harassment. The person in
charge of that institution is required to take stern action for the commission of such crime in
the event that sexual harassment is committed by outsiders.

1
Article 14, Constitution of India, (Right to Equality)
2
Article 19 (1)(G) Constitution of India, (Right to Practice Ones Profession)
3
Article 21, Constitution of India, (Right to life)
 CONCLUSION

India is making great strides toward its development objectives, and more
women are working. Protecting women's human rights requires acknowledging
their legal entitlement to protection from sexual harassment. Insuring women's
freedom, equality of opportunity, and the right to a respectable workplace via all
of this is a positive step. Sexual harassment at work is a social problem that
needs to be addressed. Raising awareness of the many forms of sexual
harassment that can occur at work, as well as the preventative steps that can be
taken and the legal foundation for doing so, is essential for both employers and
employees.
It goes without saying that this case serves as one of the pivotal moments in the
reformation of society in the context of women's empowerment. It is important
to recognise the Court's efforts in this decision to provide a definitive resolution
to the current problem. Without a doubt, this decision sets an important
precedent that has continued to this day. In 2013, the Sexual Harassment of
Women at Workplace Act was finally passed, bringing to light a number of
crucial requirements. Despite the existence of such legislation, however, the
social issue of sexual harassment at the workplace still persists. Men, however,
are subjected to many forms of sexual harassment as well. All of these
contribute to the urgent need for better legislation to address
Dissemination and awareness-raising activities should be undertaken and
reviewed on a regular basis in order to develop best practices for dealing with
sexual harassment in the workplace, as well as to forewarn and enlighten
prospective victims of sexual harassment so that they can avoid it. Enhancing
sexual harassment training classes and following the guidelines on sexual
harassment prevention can aid women in combating it.
 BIBLIOGRAPHY

➢ https://en.wikipedia.org/wiki/Vishakha_and_others_v_State_of_Rajast
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➢ https://www.icj.org/wp-content/uploads/2014/10/Beijing-
Statement.pdf
➢ https://www.ohchr.org/en/professionalinterest/pages/cedaw.aspx#:~:
text=Introduction,twentieth%20country%20had%20ratified%20it.
➢ http://www.nitc.ac.in/app/webroot/img/upload/546896605.pdf