1. Smt.

Champakam Dorairajan Vs State of Madras 1951

State of Madras v. Champakam Dorairajan is a landmark decision of the Supreme Court
of India. This verdict led to the First Amendment of the Constitution of India.
It was the first major verdict regarding reservations in Republic of India.
In its ruling the Supreme Court upheld the Madras High Court verdict, which in turn had
struck down the Communal Government Order (G.O) passed in 1927 in the Madras
Presidency.
The Communal G.O had provided caste based reservation in government jobs and college
seats.
The Supreme Court's verdict held that providing such reservations was in violation of
Article 16 (2) of the Indian Constitution.

Vishaka Vs State of Rajasthan1997

For the first time, sexual harassment, including sexually coloured remarks and physical contact, was
explicitly and legally defined as an unwelcome sexual gesture. It stated that every instance of sexual
harassment is a violation of fundamental rights.

Background :

In 1992, Bhanwari Devi, a Saathin of village Bhateri near Jaipur was gang-raped. The subsequent court
cases attracted attention of the national and international media. Though, those who raped Bhanwari could
not be convicted, yet the efforts of an NGO called Vishaka led the Supreme Court to pass a historic
judgement on sexual harassment at workplace. The judgement is popularly known as Vishaka
Judgement.
Vishaka had filed a petition, which sought an enforcement of fundamental rights of working women
under Article 21 of the Constitution. At that time, there was no specific law against sexual harassment at
workplace so the Court laid down some guidelines. It was after this case that sexual harassment came to
be categorised as human rights violation.
The Supreme Court made a novel use of Article 21 to ensure that the female workers are not
sexually harassed by their male co-workers at their places of work.
 The court declared sexual harassment of a working woman at her place of work as amounting to
violation of rights of gender equality and right to life and liberty which is clear violation of
Articles 14, 15 and 21 of the Constitution.
The Court has observed in this connection: The meaning and content of the Fundamental Rights
guaranteed in the Constitution of India are of sufficient amplitude to encompass all the facts of
gender equality including prevention of sexual harassment or abuse.

Definition of Sexual Harassment in the workplace :

The court defined sexual harassment in the workplace as an unwelcome sexual gesture or behaviour,
whether directly or indirectly. This includes: Sexually coloured remarks ,Physical contact and advances ,
Showing pornography, A demand or request for sexual favours, Any other unwelcome physical,
verbal/non-verbal conduct that is sexual in nature..

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,

2013

This law defines sexual harassment as laid down by the Supreme Court in Vishaka vs. state of Rajasthan
(1997) case. Sexual harassment includes any one or more unwelcome acts or behaviour like physical
contact and advances, a demand or request for sexual favours or making sexually coloured remarks or
showing pornography. The acts whether directly, or by implication, include any other unwelcome
physical, verbal or non-verbal conduct of sexual nature.
The act makes it mandatory that all offices, hospitals, institutions and other workplaces should have an
internal redressal mechanism for complaints related to sexual harassment.
Note : The act does not cover members of the armed forces including Women in the armed forces.