CASE NO.

Vishakha and Ors V.

Union Of India And Ors.

(AIR (1997), 6 SCC 241)

Landmark Case On Sexual Harassment At Her Workplace.

ABSTRACT

The Vishakha case is a significant judgment in Indian legal history that dealt with the issue of
sexual harassment at the workplace. It was a Public Interest Litigation (PIL) filed by the
Vishakha Committee, comprising of various women's organizations and individuals, against the
backdrop of several reported incidents of sexual harassment in different parts of the country.
The Vishakha case of Vishakha and Others v. State of Rajasthan and Others (1997) is a landmark
judgment. It has addressed the issue of sexual harassment in the workplace. The court stated
that sexual harassment causes depravity in the minds of victims. Also, it stated that Sexual
Harassment in the Workplace is a serious breach of fundamental rights under Articles 14, 19,
and 21.

1. PRIMARY DETAILS OF THE CASE

Case No : WRIT PETITION (CIVIL)

Jurisdiction : Supreme Court Of India

Case Filed on : 11th August 1992

Case Decided on : 13 August 1997

Chief Justice Verma, Justice Sujata V. Manohar, and Justice

Judges :

B.N. Kripal

Legal Provisions involved : Fundamental Rights Under Articles 14, 19 & 21.

Case Summary Prepared by : Supriya

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2. BRIEF FACTS OF THE CASE

The five men, Ram Sukh Gujjar, Gyarsa Gujjar, Ram Karan Gujjar, Badri Gujjar, and Shravan
Sharma, four of whom belong to the Gujjar family described earlier, conspired to get revenge
before attacking Bhanwari Devi’s husband. She knocked him out cold, and all five of the men
grabbed her viciously.

It didn’t help that she went to the police station; she was told to leave her lehenga there as proof
of her medical records. Bhanwari Devi complained to the police station, but her search for justice
was never over. There was a fifty-two-hour delay in the medical examination. However, the
examiner just mentioned the victim’s age in the report and did not refer to any rape commission.

This prompted four other organizations, including an NGO and women’s rights groups called
“Vishaka,” to join forces and file a petition against this horrific gang rape. It placed particular
emphasis on the implementation of women’s fundamental rights at work as guaranteed by
articles 14,15 and 21 of the Indian Constitution and also brought up the issue is the necessity of
shielding female employees from sexual harassment at work.
3. ISSUES INVOLVED IN THE CASE

There were three primary issues involved in the case,

1. Determining if sexual harassment at work constitutes a breach of rights protected by Articles

14, 15, 19, and 21 of the Indian Constitution.
2. If there are no current laws that apply to the case, might the case nevertheless apply to
international laws?
3. Is there any liability for sexual harassment committed against or by employees of the
employer?

4. ARGUMENTS OF THE PARTIES Plaintiff

Sexual harassment in the workplace violates fundamental rights under Articles 14, 15, 19, and
21.

The Right to equality under Article 14 is breached when only female employees are subject to
harassment

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The Right against discrimination under Article 15 on grounds of gender is violated since only
women face this issue

Employers must be held strictly liable for any violation of guidelines meant for the prevention of
sexual harassment. Monetary compensation must be awarded to affected employees.
Defendant

The doctrine of vicarious liability generally applies to tortious acts by employees. Its application
to criminal acts like sexual harassment with penal consequences needs to be examined.

Employers cannot be reasonably expected to be aware of all instances of harassment. Liability

may only arise for inaction after adequate notice.
5. LEGAL ASPECTS INVOLVED

The following provisions of the Fundamental Rights are as under:

• Article 14 : The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India

• Article 19 : provides freedom of speech which is the right to express one's opinion freely
without any fear through oral/written/electronic/broadcasting/press. Freedom of expression
includes Freedom of Press.

• Article 21: No person shall be deprived of his life or personal liberty except according to a
procedure established by law
6. JUDGMENT

At the time, the Hon’ble Supreme Court of India noted that no laws had been put in place to
provide a safe workplace for women or to shield them from sexual harassment. The Indian Penal
Code, 1860’s Sections 354 and 354A, were to be reviewed in any case involving sexual
harassment; nevertheless, these sections did not address the relevant clauses. This aided the
Honorable Court in realizing the necessity of appropriate and potent legislation to address
sexual harassment
7. Impact and Significance:

The Vishakha judgment has had a profound impact on Indian society and the legal system. It led
to the formulation of the "Vishakha Guidelines" in 1997, which were later incorporated

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into the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal)
Act, 2013. This legislation has been instrumental in creating a safe and secure work environment
for women across India. The judgment also raised public awareness about the issue of sexual
harassment and encouraged more women to come forward and report such incidents.
Conclusion

The Vishakha and Ors v. State of Rajasthan and Ors (1997) case is a milestone in Indian legal
history that has significantly contributed to the protection of women's rights and the fight
against sexual harassment at the workplace. The judgment not only established a legal
framework to address this issue but also raised public awareness and encouraged a societal shift
towards gender equality and respect for women's rights.