Vishaka vs State of Rajasthan: A Landmark Case on Workplace Sexual Harassment

Introduction:

Vishaka v. State of Rajasthan is a landmark decision in Indian law, especially in regards to Workplace Sexual Harassment. This case provides guidelines and norms for employers in India to prevent and address Workplace Sexual Harassment

Case Background

The case stemmed from a Public Interest Litigation (PIL) initiated by multiple women’s rights groups in India after the horrific gang rape of Bhanwari Devi, a social worker in Rajasthan. Bhanwari Devi, a government official committed to combating child marriages, was subjected to gang rape by influential individuals in her village as a form of retaliation for her activism.

Significance of the Case

This case shed light on the lack of legal frameworks to tackle workplace sexual harassment and emphasized the necessity for guidelines to prevent and address such occurrences.

Issues Before the Court

The Supreme Court of India faced two primary issues in the Vishaka vs State of Rajasthan case:

• Whether sexual harassment of women at workplaces violates their Fundamental Rights under the Indian Constitution.
• Whether there was a need for guidelines and norms to prevent and address sexual harassment in the workplace.

Petitioner’s Contention

The Vishaka group, composed of various women’s rights activists, NGOs, and social advocates, lodged a writ petition seeking a writ of mandamus. They contended that inappropriate acts of sexual harassment against women in the workplace infringed upon the Fundamental Rights guaranteed by Articles 14, 15, 19(1)(g), and 21 of the Indian Constitution. Due to the absence of dedicated legislation, the petitioners urged the Supreme Court to issue provisional guidelines to offer redress until comprehensive legal measures were implemented. These guidelines aimed to assist employers in instituting mechanisms to prevent and address sexual harassment at work.

Respondent’s Contention

The respondents’ argument was that there was no specific law directly dealing with sexual harassment at the workplace during that period. They possibly contended that the absence of such legislation meant there were no legal grounds for the court to intervene.

Judgment

In its landmark judgment, the Supreme Court of India held that workplace sexual harassment violates the Fundamental Rights of women under Articles 14, 15, and 21 of the Indian Constitution. Consequently, the court laid down important guidelines, known as the “Vishaka Guidelines,” to address and prevent sexual harassment in the workplace in the absence of specific legislation. These guidelines eventually led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

Key Guidelines from the Vishaka Case

Definition of Sexual Harassment

Sexual harassment at the workplace was defined as any unwelcome act or behavior, including physical contact, advances, requests for sexual favors, sexually colored remarks, or showing pornography. Any act that interferes with a woman’s work or creates an intimidating, hostile, or offensive work environment considered sexual harassment.

Employer Responsibility

Employers or persons in charge of workplaces were made responsible for preventing and addressing sexual harassment. They were required to take proactive measures to provide a safe working environment for employees.

Internal Complaints Committees (ICC)

Employers were mandated to establish Internal Complaints Committees (ICCs) within each workplace that employed more than ten individuals. The ICC, headed by a woman and including at least one external member knowledgeable about the issue, was tasked with receiving and redressing complaints of sexual harassment.

Complaint Procedure

The guidelines outlined a detailed procedure for filing and addressing complaints, stressing the importance of maintaining confidentiality during the inquiry.

Protection Against Retaliation

Retaliation or adverse actions against the complainant or witnesses were prohibited. However, individuals making false or malicious complaints could be subject to disciplinary measures.

Awareness Programs

Employers were required to conduct awareness programs and training for employees to educate them about what constitutes sexual harassment, how to prevent it, and the procedure for filing complaints.

Reporting Obligations

Employers had an obligation to submit reports on the number of complaints received and actions taken to appropriate authorities.

Disciplinary Action

While the guidelines did not specify penalties, they left it to the employer’s discretion to take disciplinary action against the harasser based on the seriousness of the offense.

Conclusion

The Vishaka Guidelines laid the foundation for addressing sexual harassment in the workplace sexual harassment, but failed to provide a comprehensive legal framework. To address this gap, the Government of India passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Prevention) Act in 2013, which set guidelines there, proposed a comprehensive and legally binding approach to the prevention and control of sexual harassment in Indian workplaces.

Frequently asked questions

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