Vishaka Vs State of Rajasthan [(1997) 6 SCC 241] –

Summery & Analysis

lawcorner.in/vishaka-vs-state-of-rajasthan-1997-6-scc-241-summery-analysis

June 16, 2021

Introduction
Women are treated as Goddess in India. Is that so? Do we indeed think that women have
achieved that position? It is the very worst and pathetic situation in India that despite
worshipping the women like goddess, they are regular victims of brutal crimes in society.
The society is so hypocrite in nature that it merely appraises the women and behind the
veil is nothing but the lust to satisfy the bodily wants. Situation is more worsening when
the newspapers are frequently filled with the articles of brutal crimes committed against
the women to take revenge. This symbolizes that despite being in 21st century with much
acclaimed technological advances, the mindset of the people in the society is still
regressive and archaic in nature. The famous case of the Vishaka Vs State of Rajasthan is a
classic example of how regressive mindset people of the society can destroy the harmony
of the social fabric which is well-knitted through the provisions articulated in the
Constitution of India Act, 1950.

Background Of The Case

A woman named Bhanwari Devi from Bhateri, Rajasthan was employed as a “Saathin”
(friend) under the Women’s Development Project (WDP) run by the Government of
Rajasthan, in the year 1985. In 1987, she gained full support for taking up the issue of
attempted rape of a woman from the neighboring village.

She again took up an issue of child marriage in 1992 where she failed to draw confidence
and support of the people, even though they were aware of the fact that child marriage is
illegal. Abiding by the work assigned to her, she failed to explain the family to prevent the
marriage. The intervention of the authorities failed, the marriage was held and she was
boycotted from the village as they believed it was her action which brought the police into
the scene.

She lost her job amid this boycott. To take revenge, 5 men attacked her husband and later
brutally gang-raped her. The police officials did not take convergent steps to file
complaint and the investigation was delayed. Later with her firm determination to get
justice, she filed the complaint.

The medical examination was delayed for fifty-two hours with the fact that there was no
mention of commission of rape in the report. All the accused were acquitted in the case
due to lack of sufficient evidence in the trial court which backfired the authorities and the
judicial system from different activists and organizations which resulted in filing of PIL by
a women’s rights group known as ‘Vishaka’. The PIL drew attention on the enforcement

1/4
of the fundamental rights of women at the Workplace under the provisions of Articles 14,
15, 19, and 21 of the Constitution of India coupled with the issue of the need for protection
of women from sexual harassment at Workplace.

A 3 Judges Bench consisting of the then Chief justice of India J.S. Verma and 2 other
puisne Judges, Justice Sujata V Manohar and justice B.N. Kripal was constituted to hear
the PIL and decide on the same. The Court appointed three amicus curiae Fali S.
Nariman, Ms. Naina Kapur and Ms. Meenakshi to assist the Hon’ble court in dealing with
the case.

Issues Raised In The Case Of Vishaka Vs State Of Rajasthan

The issues which were raised before the Hon’ble Court in the case of Vishaka & Ors. vs the
State of Rajasthan & Ors are:

1. Whether sexual harassment at workplace amounts to violation of the fundamental

rights?
2. Whether sexual harassment at workplace amounts to violation of the rights of
gender inequality?
3. Whether the courts are entitled to use the international laws in absence of any
specific gender rights and gender inequality law?
4. Whether the employer possesses any responsibility for the sexual harassment faced
by its employees at the workplace?

Arguments For The Petitioners

In this instant case of Vishaka & Ors vs State of Rajasthan, the petitioners filed a writ
petition, seeking the writ of mandamus by the ‘Vishaka’ group consisting of various
women’s rights activists, NGOs, and other social activists. Their argument that the
indecent acts of sexual harassment of women at Workplace violate the fundamental rights
contained under Article14, 15, 19(1)(g) and 21 of the Constitution of India.

The petitioners drew attention of the Hon’ble court to the existing loophole that the
legislation has regarding the provision of a safe working environment for women. They
requested the Hon’ble Court to frame guidelines for preventing sexual harassment at
Workplace.

Arguments For The Defendants

The Ld. Solicitor General appearing on behalf of the respondents did something unusual.
He supported the respondent. He assisted the court in decoding a strait jacket formula to
build a structure for curbing out sexual harassment and framing guidelines for preventing
sexual harassment at workplaces.

Judgment Of Vishaka Vs State Of Rajasthan

2/4
The lack of a law to prevent sexual harassment at the workplace was acknowledged by the
Hon’ble Supreme Court of India. The court realized the need for proper and effective
legislation that would deal with sexual harassment as Section 354 & 354A of IPC, 1860
were not sufficient to deal with the issues in question.

The Court took reference from the international conventions to proceed with the case. It
referred to the Beijing Statement of Principles on the independence of Judiciary in the
LAWASIA region as well as the provisions of the Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW). Article 11 (1) (a) & (f)
prescribes the State to take all appropriate measures to eliminate discrimination against
women in the field of employment. Article 24 states that the State shall undertake to
adopt all necessary measures at the national level aimed at achieving the full realization.

ADVERTISEMENT
The Supreme Court framed the guidelines to prevent sexual harassment at the Workplace,
known as Vishaka Guidelines. These guidelines were the foundation for The Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

The Vishaka Guidelines Of 1997

The Court framed the guidelines in the instant case “Vishaka Vs State of Rajasthan” as:

1. The employers should take all reasonable steps to prevent happening of sexual
harassment at workplaces. It is the responsibility of the employer to prescribe a
mechanism to redress the sexual harassment, if any, takes place in the organization.

2. The Vishaka Guidelines defined the term “Sexual Harassment” as a disagreeable

sexually determined behavior direct or indirect in the form of physical contact and
advances, a demand or request for sexual favors, sexually colored remarks, showing
pornography, any other unwelcome physical, verbal or non-verbal conduct of sexual
nature.

3. The preventive measures for the employers to be taken as prescribed by the Court in
this instant case were in the following nature:

The employer must take effective steps of preventing sexual harassment at

workplaces. This has to be done by putting up notifications, circulars, penalties for
the offender as fixed by the government, adequate working conditions of health,
hygiene and rest of the women workers.
The employers are bound to take action of complaining in the appropriate authority
against the offender by bringing him into the book for the offences committed
falling under Section 354 & 354A of IPC, 1860.
If any employee does an act contrary to the rules for prevention, the employer is
bound to take disciplinary action against him.
Every employer is bound is set up a redressal mechanism to deal with the issues
preventing sexual harassment at workplaces. It is immaterial as to whether the evil
act falls within the purview of IPC or not.

3/4
 A redressal committee must be set up with its head being a woman. It must have
half of the members as women members. It is mandatory to send an annual report
to the government in relation to the conduction of its affairs within the organization.
The employers are also directed to spread awareness to prevent the occurrence of
sexual harassment at workplaces.

Conclusion
The judgment of Vishaka & Ors vs State of Rajasthan led the court to once again upheld
the constitutional principles of equality and liberty. The judgment brought a ray of hope
among all the women workers who were facing severe sexual violence, harassment as well
as gender inequality prevailing in the then scenario. The Vishaka Guidelines constituted
the bedrock for the passage and enforcement of The Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013.

ADVERTISEMENT
The true spirit of Judicial Activism has been portrayed in the Vishaka Judgement. Despite
the judicial intervention, it is a sorry state of affair that the ignited spark who brought the
issue in the limelight is still awaiting for the justice to be served and I firmly believe that
she will no sooner get justice.

4/4