LLM Notes: From Vishaka to Legislation: The Evolution of Sexual Harassment Protections in India

 The judgment in Vishaka and Others v. State of Rajasthan (1997) is a landmark Supreme Court of India ruling addressing sexual harassment of women at the workplace. The case arose after Bhanwari Devi, a social worker in Rajasthan who tried to prevent a child marriage, was brutally gang-raped by men from her village. The local courts acquitted the accused due to lack of evidence, and police and medical officials failed to provide adequate support. Aggrieved by this, women's groups including Vishaka filed a Public Interest Litigation (PIL) in the Supreme Court under Article 32 of the Constitution to seek protection for women against workplace sexual harassment.

Key Points of the Judgment

• The Supreme Court recognized sexual harassment at the workplace as a violation of fundamental rights guaranteed under Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), 19(1)(g) (Right to Work), and 21 (Right to Life and Personal Liberty) of the Indian Constitution.

• The Court defined sexual harassment broadly to include unwelcome sexually determined behavior such as physical contact and advances, requests for sexual favors, sexually colored remarks, showing pornography, or any other verbal or non-verbal conduct of a sexual nature that creates a hostile or humiliating work environment.

• It acknowledged that sexual harassment need not involve physical contact; creating a hostile work environment through lewd jokes, verbal abuse, or circulating rumors also constitutes harassment.

• The Court emphasized the significance of international conventions and norms in interpreting constitutional guarantees of gender equality and dignity at work.

• Since there was no specific legislation on sexual harassment at the time, the Court laid down a set of procedural guidelines known as the Vishaka Guidelines. These guidelines mandated employers to take preventive steps, provide a complaint mechanism, and ensure a safe working environment for women until a formal law was enacted.

Impact

• The Vishaka Guidelines formed the foundation for the later Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which codified protections against workplace sexual harassment in India.

• The judgment is regarded as a significant legal victory for women's rights in India, highlighting the state's obligation to protect women’s fundamental rights and dignity at work.

In summary, the Vishaka judgment was a pioneering judicial intervention that recognized sexual harassment as a violation of fundamental rights and established guidelines to protect women at the workplace, paving the way for comprehensive legislation on the issue.

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