In any society, the protection of women and children is paramount, as their treatment often serves as a key indicator of overall societal well-being. Women, in particular, face various vulnerabilities, with sexual harassment and workplace harassment being prominent concerns. These issues not only undermine their safety and dignity but also hinder their full participation in society. Therefore, it is essential to establish and enforce strong mechanisms and policies to address and prevent such harassment. By doing so, societies can create a more just and equitable environment that supports the growth and flourishing of all its members. Ensuring robust protections and responses to harassment is not just about safeguarding individuals but also about upholding the principles of fairness and respect that are fundamental to a healthy and progressive society.
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Name Of The Case
Vishaka & Ors. V State Of Rajasthan & Ors.
Citation Of The Case
(1997) 6 SCC 241
Name Of The Court
Hon’ble Supreme Court Of India
Petitioners In The Case
Vishaka And Ors.
Respondents In The Case
The State Of Rajasthan And Ors.
Hon’ble Bench
Chief Justice J.S. Verma,
Justice Sujata V. Manohar and
Justice B.N. Kirpal.
Judgment Passed On
13th August 1997
BACKGROUND OF THE CASE
1. Incident and Context: In 1992, Bhanwari Devi, a rural community worker advocating against dowry and child marriage, was gang-raped by influential village men in retaliation for her efforts to prevent a child marriage.
2. Local Court Outcome: The initial trial in the local court ended with the acquittal of the accused due to insufficient evidence and possible biases.
3. Appeal for Justice: In response to the acquittal and inadequate legal recourse, Bhanwari Devi and her supporters sought intervention from the Supreme Court through a Public Interest Litigation (PIL), invoking the Vishakha platform.
4. Legal and Social Impact: The PIL emphasized the lack of specific legal provisions addressing sexual harassment in workplaces and the need for protective measures for women.
5. Supreme Court's Role: The Supreme Court acknowledged the gap in legal protections and, in 1997, issued the Vishakha Guidelines, setting standards for handling sexual harassment cases and mandating the creation of internal committees within workplaces.
6. Guidelines' Provisions: The Vishakha Guidelines required workplaces to establish a redressal mechanism, conduct regular training, and ensure confidentiality and support for victims.
7. Judicial Bench: The ruling was delivered by a bench consisting of Chief Justice J.S. Verma, Justice Sujata V. Manohar, and Justice B.N. Kripal, marking a significant shift towards formalizing workplace harassment policies in India.
FACTS OF THE CASE
In the Vishaka v. State of Rajasthan case, Bhanwari Devi was a social activist working in a village in Rajasthan. She was hired by the state government to manage and execute a social development program aimed at combating child marriage in the region.
Bhanwari Devi decided to stop the marriage of the infant daughter of the Ramkaran Gujjars (Thakurs), who was just under a year old.
Bhanwari Devi tried to annul her young daughter's marriage, fulfilling her duty, but despite her unsuccessful efforts to prevent it, the marriage proceeded. Nonetheless, she was not absolved or forgiven for her actions.
She encountered social disapproval and faced a boycott. In September 1992, she was sexually assaulted by her husband, Ramkaran Gujjar, and his five friends.
The male doctor at the main health center confirmed her age, but the medical report from the Jaipur doctor did not indicate any signs of sexual assault.
The police officer suggested she leave her lehnga as evidence and return to her village after enduring harassment from numerous women throughout the night at the station. They had to stay there all night because she had nothing left to cover herself with except her husband's bloodstained dhoti.
The Trial Court released the defendants, citing their lack of guilt. However, the High Court, in its ruling, noted that the rape was perpetrated by a group and was driven by revenge. This statement led women and NGOs to file public interest litigation (PIL) with the Indian Supreme Court.
ISSUES RAISED
Whether sexual harassment at the Workplace amounts to a violation of Rights of Gender Inequality and Right to Life and Liberty?
Whether the court could apply international laws in the absence of applicable measures under the existing?
Whether the employer has any responsibility when sexual harassment is done to/by its employees?
ARGUMENT
By Petitioner
- The 'Vishaka' group, comprising women's rights activists, NGOs, and social groups, filed a writ petition.
- They sought a writ of mandamus.
- Their argument was that workplace sexual harassment violates fundamental rights under Articles 14, 15, 19(1)(g), and 21 of the Indian Constitution.
- The petitioners pointed out legislative gaps in ensuring a safe working environment for women.
- They requested the court to create guidelines to prevent sexual harassment at the workplace.
By Respondent
- The Solicitor General, representing the respondents with their agreement, unexpectedly supported the petitioners.
- The respondent helped the court develop an effective method to address sexual harassment and create prevention guidelines.
- Fali S. Nariman, amicus curiae, along with Ms. Naina Kapur and Ms. Meenakshi, assisted the court in handling the case.
JUDGEMENT
- The Vishaka judgment was delivered on August 13, 1997, by a bench including Chief Justice J.S. Verma, Justice Sujata V. Manohar, and Justice B.N. Kirpal.
- The Supreme Court ruled that workplace harassment breaches Articles 14, 15, 19(1)(g), and 21 of the Indian Constitution, which safeguard women's fundamental rights.
- The Court emphasized that women should not face sexual harassment at work and called for a distinct code to prevent such harassment and discrimination.
- Sexual harassment was defined to include any unsolicited sexual behavior—physical, verbal, or non-verbal—such as physical contact, demands for sexual favors, displaying pornography, suggestive statements or gestures, and passing sexual comments.
- The Vishaka Guidelines were established to prevent sexual harassment in the workplace.
VISHAKA GUIDELINES
- Duty of Employer: Employers must prevent incidents of sexual harassment and establish mechanisms for legal and conciliatory remedies if such incidents occur.
- Definition of Sexual Harassment: Includes physical contact, sexual favors demands, sexually colored remarks, showing pornography, and other unwelcome sexual conduct.
- Prevention Measures: Employers should issue notifications prohibiting harassment, enforce penalties, and maintain hygienic and healthy work conditions.
- Action in Case of Misconduct: For offenses under the Indian Penal Code, employers must report to the relevant authorities.
- Disciplinary Action: Appropriate actions must be taken for violations of service rules.
- Redressal Mechanism: Organizations must have a mechanism to handle complaints, regardless of whether they are legally classified offenses.
- Redressal Committee: Must have more women than men, a female head, include counseling facilities, and collaborate with NGOs. Annual reports on issues must be sent to the government.
- Awareness: Employers should hold meetings and take steps to raise awareness about sexual harassment.
CONCLUSION
The debate on judicial activism often highlights both its benefits and drawbacks, with the Vishakha judgment exemplifying its positive aspects. Before this ruling, India lacked a specific law addressing sexual harassment, despite decades of independence and ongoing issues of gender discrimination and sexual violence. The judgment exposed the previously ignored problem of sexual harassment, which undermines women's dignity and causes lasting distress. Although the Vishakha Guidelines and the 2013 legislation are significant advances, eliminating workplace sexual harassment entirely remains a challenge, necessitating the removal of stigma surrounding victims.
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