DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

2012-13
Final Draft
STUDY OF BASICS OF CASE LAW
CASE ANALYSIS
of
Vishakha v. State of Rajasthan

Under Supervision of: Submitted by:

Mr. Shashank Shekhar Anurag Bhaskar
Assistant Professor (Department of Legal Studies) Roll No.30 (Section A)

Dr. RML National Law University, Semester- I.

Lucknow. B.A. L.L.B. (Hons.)

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TABLE OF CONTENTS:

Contents

Acknowledgement
Introduction
Case Details
Statement of Facts
Procedural History
Issues
Judgment
Holding
Legal Principles Applied
Ratio of the Case
Case Comments
Bibliography

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 Acknowledgment

It is not a ritual but a heartfelt feeling that I wish to express my gratitude. In writing this
research project, I am indebted to many in the course of this research project.

Much of the data deployed here has been taken from the Dr. Madhu Limaye Library, Dr.
Ram Manohar Lohiya National Law University.

I am also thankful to Mr. Shashank Shekhar (Assistant Professor, Dr. Ram Manohar
Lohiya National Law University)

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INTRODUCTION:

The Supreme Court Guidelines evoked in the Case of Vishaka and others v. State of Rajasthan
and others owing to the gang rape of Bhanwari Devi by a group of Thakurs as she attempted to
stop a child marriage in their family. Bhanwari Devi was a social worker (saathin) at rural level
in a development programme initiated by State Government of Rajasthan, aiming to curb the evil
of child marriages in villages.

As part of her work, Bhanwari Devi tried to stop Ramkaran Gujjar’s infant daughter’s marriage.
Nevertheless, marriage took place but Bhanwari Devi was not forgiven for her efforts to stop
marriage. She was subjected to social boycott, and in September 1992 was gang raped by five
men including Ramkaran Gujjar in front of her husband. The days that followed were filled with
hostility and humiliation for Bhanwari and her husband. The only male doctor in the Primary
Health Centre refused to examine Bhanwari and the doctor at Jaipur only confirmed her age
without making any reference to rape in his medical report. At the police station too, the women
constables taunted her throughout the night. It was past midnight when the policemen asked
Bhanwari to leave her lehenga behind as evidence and return to her village. She was left with
only her husband’s bloodstained dhoti to wear. Their pleas to let them sleep in the police station
at night were turned down.

CASE DETAILS

Case name:

Vishakha v. State of Rajasthan

Citation:

AIR 1997 SC 3011

Court name:

Supreme Court of India.

Date of decision:

13-8-1997.

Page number:

3011 of All India Reporter.

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Subject:

Constitution

Hon'ble Judges:

J.S. Verma, C.J.I., Mrs. Sujata V. Manohar and B.N. Kirpal, JJ.

Counsels:

For Appellant/Petitioner/Plaintiff:

F.S. Nariman, Meenakshi Arora and Niti Dixit, Advs.

For Respondents/Defendant:

T.R. Andhyarujina, Solicitor General, Mukul Mudgal, Suvira Lal, C.V.S. Rao, K.S. Bhati and
M.K.Singh, Advs.

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STATEMENT OF FACTS

Relationship or status between the parties:

Appellant: Vishakha & others,

Respondent: State of Rajasthan and others

Legally relevant facts:

Article 14 of Constitution of India guarantees equality before the law and equal protection of the
laws. Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
Article 19 provides freedom to practice any profession. Article 21 provides protection to life and
personal liberty.

Procedurally relevant facts:

Cause of action: Certain social activists and NGOs filed writ petition in the Supreme Court. The
immediate cause for the filing of the writ petition was an incident of alleged brutal gang rape of a
social worker in a village of Rajasthan.

Relief the plaintiff had requested for: The writ petition was filed for the enforcement of the
fundamental rights of working women under articles 14, 19 and 21 of the Constitution of India.

PROCEDURAL HISTORY

This case was previously instituted in the High Court of Rajasthan. The victim of this case,
Bhanwari Devi, was a social worker at rural level in a development programme initiated by State
Government of Rajasthan, aiming to curb the evil of child marriages in villages. Decision of the
court: On December 1993, the High Court said, “it is a case of gang-rape which was committed
out of vengeance”.

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 a) The provoked women’s groups and NGOs filed a petition in the Supreme Court of India.
As part of this campaign, the groups had filed a petition in the Supreme Court of India,
under the name ‘Vishakha’, asking the court to give certain directions regarding the
sexual harassment that women face at the workplace.

ISSUES

Substantive Issues:

Issues were:
 “Establish the enforcement of Articles 14, 15, 19(1)(g) and 21 of the Constitution of
India and Articles 11 and 24 of the Convention on the Elimination of All Forms of
Discrimination against Women.”
 “Whether gender equality and guarantee against sexual harassment of working women
at workplace requires norms and guidelines to be treated as law under article 141 of the
Constitution.”

Procedural Issues:

The High Court had said, “It is a case of gang-rape which was committed out of vengeance”. The
primary basis of bringing the case to the Supreme Court in India was to find suitable methods for
the realisation of the true concept of “gender equality” in the workplace for women.

JUDGMENT

The fundamental right to carry on any occupation, trade or profession depends on the availability
of a “safe” working environment. Right to life means life with dignity. The primary
responsibility for ensuring such safety and dignity through suitable legislation, and the creation
of a mechanism for its enforcement, is of the Legislature and the Executive.
The meaning and content of the fundamental rights guaranteed in the Constitution of India are of
sufficient amplitude to encompass all the facets of gender equality including prevention of sexual
harassment or abuse. Besides, there are international conventions and norms having relevance in
this field. Gender equality includes protection from sexual harassment and right to work with
dignity, which is a universally recognized basic human right. The common minimum
requirement of this right has received global acceptance.

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Court directed that guidelines and norms would be strictly observed in all work places for
preservation and enforcement of right to gender equality of working women.

HOLDING

Sexual harassment of women at workplace is clear violation of the rights under articles 14, 15,
19(1)(g) and 21 of the Constitution.

LEGAL PRINCIPLES APPLIED

Constitution of India

 Article 14
 Article 15
 Article 19(1)(g)
 Article 21
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

Cases Referred:

 Nilabati Behera v. State of Rajasthan (1993 AIR SCW 2366)

RATIO OF THE CASE

In the absence of domestic law occupying the field, the contents of International Conventions
and norms are significant for the purpose of interpretation of the guarantee of gender equality,
right to work with human dignity in Arts. 14, 15, 19(1)(g) and 21 of the Constitution and the
safeguards against sexual harassment implicit therein.

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CASE Comments

The judges have rightly held that in absence of a domestic law on prevention of sexual
harassment at working places, certain guidelines and norms specified recognizing the
International Conventions, in relation to work, need to be followed. The judges deserve all praise
and appreciation in considering the phenomenon of ‘gender equality’ and ‘prevention of sexual
harassment’.

1) It has been laid down in the judgment earlier-mentioned that it is the duty of the employer or
other responsible persons in work places or other institutions to prevent or deter the commission
of acts of sexual harassment and to provide the procedure for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required. For this purpose, sexual
harassment includes such unwelcome sexually determined behaviour (whether directly or
implication) as:-

a) physical contact and advances;

b) a demand or request for sexual favours;

c) sexually coloured remarks;

d) showing pornography;

e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

2) Where such conduct amounts to a specific offence under the Indian Penal Code or under any
other law, the concerned authorities shall initiate appropriate action in accordance with law by
making a complaint with the appropriate authority.

3) In particular, it should be ensured that victims or witnesses are not victimized or discriminated
against while dealing with complaints or sexual harassment.

4) Whether or not such conduct constitutes an offence under law or a breach of the service rules,
an appropriate complaint mechanism should be created in every organization for redress of the
complaint made by the victim. Such complaint mechanism should ensure time bound treatment
of complaints. Wherever such machineries for redressal of grievance already exist, they may be
made more effective and in particular women officers should preferably handle such complaints.

5) Awareness of the rights of female employees in this regard should be created in particular by
prominently notifying the guidelines in a suitable manner.

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BIBLIOGRAPHY

 AIR 1997 Volume 3

 Basu, D.D., “Introduction to Constitution of India”, LexisNexis Butterworths Wadhwa,
Nagpur, 20th Edition, 2012.
 “Universal’s Landmark Judgments”, Universal Law Publishing Company Private
Limited, New Delhi, 5th Edition, 2012

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