VISHAKHA CASE

Citation: (1997) 6 SCC 241

Court: Supreme Court Of India

Bench: Chief Justice J.S. Verma, Justice Sujata V. Manohar And Justice B.N.
Kirpal.
 WHAT IS THE VISHAKHA CASE ABOUT?

• Vishakha & Ors. v State of Rajasthan is a milestone judgment given by the

Supreme Court of India that deals with aspects of sexual harassment at the
workplace.
• Before we get into it, lets go over what sexual harassment is classified as
according to our legal system
 SEXUAL HARASSMENT AS DEFINED
BY THE INDIAN LEGAL SYSTEM

• Harassment of sexual nature is condemned as a form of violation of the

Fundamental Right of Gender Equality and the Right to Life and Liberty
enshrined in the Indian Constitution under Articles 14, 15, 19(1)(g) and 21
• According to Section 354A IPC, Sexual harassment is: Unwelcome touching or
other physical contact; Asking or demanding sex or any other sexual activity;
Making remarks which are of a sexual nature; Showing pornographic material
which may include videos, magazines, books etc.
 FACTS OF THE CASE

• Bhanwari Devi, a lady from Bhateri, Rajasthan started working under the Women’s
Development Project (WDP) run by the Government of Rajasthan, in 1985.
• In 1992, Bhanwari took up an issue based a campaign against child marriage.
• During this time, the family of Ram Karan Gurjar decided to conduct such a
marriage, of his infant daughter.
• Bhanwari attempted to convince the family not to perform the marriage, however,
she failed and they proceded with the wedding.
• On 5th May 1992, the sub-divisional officer along with the Deputy Superintendent
of Police (DSP) went and stopped the said marriage. However, the marriage was
performed the next day and no police action was taken against it. Later on, the
villagers began blaming Bhanwari Devi for the police visits.
• To seek revenge, on 22nd September 1992, five men, four from the Gurjar family-
Ram Sukh Gurjar, Gyarsa Gurjar, Ram Karan Gurjar, and Badri Gujar along with
another man, Shravan Sharma, attacked Bhanwari Devi’s husband and brutally
gang-raped her.
• The police attempted to play dirty tricks to prevent her from filing a complaint and
delayed in the medical investigation.
• At the police station, she was continuously taunted by the women countable the
entire night.
• Past midnight, she was asked to leave her lehnga as the evidence and go back to her
village.
• In the absence of adequate proof and with the help of the local MLA Dhanraj
Meena, all the accused managed to get an acquittal in the Trial Court.
• However, women activists and organisations chose not to be silent and raised strong
protests and voices against the acquittal.
• A PIL was filed by a women’s rights organisation known as ‘Vishakha’ which
focused on the enforcement of the fundamental rights of women at the workplace.
 ISSUES RAISED BY THE CASE

• Are formal guidelines required to deal with incidents involving sexual

harassment at the workplace?
• Is sexual harassment at the workplace considered violation of the fundamental
rights of a woman?
• Does the employer have any responsibility in cases of sexual harassment by or
to his/her employee?
 JUDGEMENT

• A request was made at the Supreme Court to frame guidelines for preventing
sexual harassment at the workplace.
• The court held that sexual harassment at the workplace was indeed violative of
the fundamental rights guaranteed under Article 14, 15, 19(1)(g) and 21 of the
Constitution of India.
• The court also defined what sexual harassment at workplace is classified as.
• It made a special mention that “Gender equality includes protection from
sexual harassment and right to work with dignity, which is a universally
recognised basic human right.”
• The Hon’ble Supreme Court outlined the rules to forestall sexual harassment at
the Workplace, known as ‘Vishakha Guidelines’, to be part Article 141 of the
Indian Constitution, to allow time-bound treatment of complaints.
 VISHAKHA GUIDELINES

1. Defines what sexual harassment is and its aspects

2. Provides for preventive steps
3. Talks about disciplinary action by the employer
4. Provides for a complaint mechanism and a complaint committee
5. Talks about workers initiative to address the issue of sexual harassment
 WORKPLACE

POSH ACT ORGANISED UNORGANISED

SECTOR SECTOR

ANY PLACE YOU

OFFICE
VISIT FOR WORK
• The Sexual Harassment of Women at
Workplace (Prevention, Prohibition and OFFICE CAMPUS
Redressal ) Act, 2013, commonly referred
to as the ‘PoSH Act’ is the law that
OFFICE
provides a redressal framework for TRANSPORTATION
women at work, in case of sexual
OFFICE
harassment. ACCOMMODATIO
• Defines- sexual harassment and N
OFFICE
workplace for organized and unorganized RECREATION
sector. SPACE
ANY PLACE YOU
VISIT FOR WORK
• Highlights who all is protected under the act.
• Provides framework for complaints and
punishments.

CONCILIATION INQUIRY

AT THE WOMANS CHOICE +

IF PARTIES DON’T AGREE
ACCUSED IS READY TO
FOR CONCILIATION
SETTLE

FOR MORE SERIOUS

FOR LESS SERIOUS
TYPES OF HARASSMENT
MATTERS
(LIKE PHYSICAL)

WOMEN CAN GET

NO MONEY CAN BE GIVEN MONETARY
COMPENSATION

COMPLAINTS
SETTLEMENT AGREEMENT
COMMITTEE MAKES
BETWEEN PARTIES
INQUIRY REPORT
THANK YOU