ISSN 2455-4782

CASE COMMENTARY ON VISHAKA V. STATE OF RAJASTHAN1

Authored by: Abhijit Bansal* & Tarun Ghai**

* 3rd Year B.A LLB Student, National Law University Odisha

** 3rd Year B.A LLB Student, National Law University Odisha

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OVERVIEW

The following case study is the research work of the authors. Gender Injustice and sexual
harassment is the most common problem faced by women in almost all parts of the world but the
condition of Indian women is really disgusting. In 1997 the apex court set out few guidelines in
relation to sexual harassment that women face in their workplace. The guidelines were laid down
on the basis of Fundamental rights given in our constitution. Very elaborative discussion were held
during the hearing of this case and the authors have tried their best to provide a briefing about the
same, in the end we have also suggested our viewpoint for the same.

FACTS

The petition filed was with reference to the enforcement of the fundamental right (of the employed
men) under Article 14, 19 and 21 of the Constitution of India. Bhanwari Devi was a welfare worker
at village level of the social growth Programme name stop child marriages in villages, which was
managed by the government of Rajasthan. She put all the efforts to stop the marriage of Ramkaran
Gujjar's girl who was just few months old.. However, marriage occurred yet she was not pardoned
for her endeavors to stop marriage. She was exposed to social barrier. In September 1992
Ramkaran Gujjar and his companions, group assaulted her in front of the husband. The doctors
were negligent to when they affirmed just her age without making any substantial work towards
assault in therapeutic report at Jaipur. The policeman demanded to the victim Bhanwari to leave
her clothes as evidence and go back to her house. All she had was just her husband’s bloodstained
dhoti to wear. The trial court acquitted the accused. High court expressed that "It is an instance of

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AIR 1997SC 3011
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group assault which was submitted out of retribution. This incited the ladies gathering and NGO'S
to file a petition for the same in the Supreme Court of India and the Supreme Court examined the
issues intricately.

CONTENTION OF THE PETITIONER

There was a huge uproar in the society during the hearing of this case. This case was not merely
limited to a rape but also became the common point for all the harassment cases and a writ petition
filed by the different NGO’s contained

 Violation of Fundamental Right under Article 14, 19, 21.

 The substitute contention that arose during the proceedings was the violation of 19(1)(g).

JUDGMENT

The former Chief Justice JS VERMA, gave the judgment on behalf of Justice Sujata Manohar and
Justice BN kirpal, on a writ petition which was filed by different NGO’s. The court observed that
it is fundamental right of functioning woman under Article 14, 19(1)(g), and 21 of the constitution
to carry on any work, trade or profession but it should be ensured that employer should provide a
safe working environment at work place. It was of the remark that the fundamental right to carry
on any kind of occupation, trade or profession depends on the ease of use of a “safe” working
environment. The right to life means life with dignity and strength.

The Supreme Court ruled that at all workplace there should be a sexual code and there should be
a proper mechanism to enforce cases, which fall under the ambit of this sexual harassment code.
The main purpose of this aim is to facilitate the sexual characteristics equality and to avoid
discrimination for women at the workplace. The court in lack of any enacted commandment was
called upon to deliver for effective enforcement of basic human rights of gender equality and
prevention against sexual harassment.

Supreme Court made the definition of sexually determined behavior in a wider sense by including
any kind of acts which include bodily contact, call for sexual favours, sexual comments, showing

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pornography, oral or physical conduct of a sexual nature with women. The Supreme Court stated
that the guidelines for the sexual code at every workplace are to be treated as a declaration of law
in accordance with Article 141 of the constitution. And these rights should not be based on
prejudices any right available under the protection of Human Rights Act 1993. The guidelines and
norms specified by the apex court include the obligation of employer in work place and other
institutions, preventive steps to be taken in this regard, criminal proceedings, disciplinary action,
complaints, mechanism and complaints committee to encourage worker initiative, creating
awareness and against any third party harassment etc.

GUIDELINES LAID DOWN IN THIS CASE

The Supreme Court after realizing the need to lay down legislation gave guidelines while
commuting them with International Convention and Law. Basically it gave twelve guidelines to
be followed in different areas and field of law, even when a new law is to be constituted and then
gave a idea that interprets as any violation of the below will lead to conviction. The guidelines
were laid down on the basis of Sc. 2(d) of the Protection of Human Rights Act, 1993.

1) It basically defines the duty of the employer- With respect to treatment of employees of
the firm. It was laid down that it is the responsibility of the employer to make sure that
there is proper redress mechanism in the company that would entertain all the issues related
to harassment of employees.
2) A more elaborative definition of harassment- The definition now include any kind of
immoral actions, words spoken that are against the chastity of women. Any words enough
to signify demand of intercourse, any kind of illicit material if displayed, or any kind of
verbal or non- verbal abusive words.
3) It is the duty of the employer to make sure that all the rules in relation to this are to be
notified to all the employees along with action consequence of their act. The provision for
the inclusion of penalty is also to be added. The court also said that now it is the duty of
the employer to make sure that is stress free environment in the workplace.
4) The victims of such crimes are now given option to get remedy immediately, they are to
be given a option to get the accused to be transferred from that place.

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5) Provisions for strict action against the accused needs to be added in the rules of the
company.
6) There shall a complaint mechanism which would deal with all the complaints.
7) There shall be a complaints committee that would look after all the complaints in this
matter. There must be at least some reservation for women in this and they must be at least
half or more with respect to total number of members in the committee.
8) All the employees shall have the right to raise their voice against any kind of sexual
harassment issue they face.
9) It is the duty of the employer to make all the employees about the constitution of the
committee and the rights available to them.
10) In case a third party interfere with this right then the duty of the employer is to make sure
that he/she will try to provide all necessary help.
11) The governing bodies were asked to maintain cooperation and implement laws that will
be fruitful for the development.
12) These guidelines have a special consonance with the Protection of Human Rights Act,
1993.

AUTHOR’S REMARKS

Even after so many developments in and around the world, women are still to be treated equally,
even after having so much protection laws, we as a country have failed to implement them in our
mentality. The Apex court has done a exemplary work when it comes to setting up precedent for
the future, these guidelines have proved that instead of thinking about the society, women need to
come up and tell their misery to the world so that the accused does not gather guts to do the immoral
Act again.

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