VISHAKA AND OTHERS V.

STATE OF
RAJASTHAN AND OTHERS (1997) 6 SCC 241,
AIR 1997 SC

Presented by
M.MANASA
2014066

 The

condition of women even in todays modern era

is vulnerable. Women are suppressed and are not
allowed to enjoy their freedom even their very
fundamental rights which are the very birth right of
every citizen of India. Such conditions of women
even prevail at workplaces where many women
become victims of sexual harassment at the hands of
their employers. Their right to work with dignity
which is a universally recognised basic human right.
Hence through our case study, we would want to
show the problems faced by women at workplace

CASE FACTS
The

Supreme Court Guidelines evoked in the Case of

Vishaka and others V. State of Rajasthan and others owing
to the gang rape of Bhanwari Devi by a group of Thakurs
as she attempted to stop a child marriage in their family.
The trial court acquitted the accused, but Bhanwari was
determined to fight further and get justice. . In the months
that followed womens groups launched a concerted
campaign for justice for Bhanwari.
On December 1993, the High Court said, it is a case of
gang-rape which was committed out of vengeance.

 This

provoked womens groups and NGOs to file a

petition in the Supreme Court of India under the name
Vishaka, asking the court to give certain directions
regarding the sexual harassment that women face at the
workplace. The result is the Supreme Court judgement,
which came on 13th August 1997, and gave the Vishaka
guidelines

GUIDELINES AND NORMS LAID DOWN BY THE

HONBLE SUPREME COURT IN VISHAKA & ORS. V.
STATE OF RAJASTHAN & ORS. (JT 1997 (7) SC 384)
1. Duty

of the Employer or other responsible persons in work places and

other institutions.
2. For this purpose, sexual harassment includes such unwelcome sexually
determined behaviour (whether directly or by implication) as :
a) Physical contact and advances;
b) a demand or request for sexual favours;
c) sexually coloured remarks;
d) showing pornography;
e) any other unwelcome physical, verbal or non-verbal conduct of sexual
nature.

3. Preventive Steps : All employers or persons in charge of

work place whether in public or private sector should take

appropriate steps to prevent sexual harassment.
4. Criminal Proceedings :Where such conduct amounts to
a specific offence under the Indian Penal Code or under any
other law, the employer shall initiate appropriate action in
accordance with law by making a complaint with the
appropriate authority.
5. Disciplinary Action :Where such conduct amount to
misconduct in employment as definded by the relevant
service rules, appropriate disciplinary action should be
initiated by the employer in accordance with those rules.

6. Complaint Mechanism :Whether or not such conduct

constitutes an offence under law or a breach of the service

rules, an appropriate complaint mechanism should be
created in the employers organization for redress of the
complaint made by the victim.
7. Workers Initiative : Employees should be allowed to
raise issues of sexual harassment at workers meeting and in
other appropriate forum and it should be affirmatively
discussed in Employer-Employee Meetings.
8. Awareness:
Create awareness of the rights of female employees to be
created at workplace
Notified guidelines in suitable manner

9. Third Party Harassment :Where sexual harassment

occurs as a result of an act or omission by any third party or

outsider, the employer and person in charge will take all
steps necessary and reasonable to assist the affected person
in terms of support and preventive action.
10. The Central/State Governments are requested to
consider adopting suitable measures including legislation to
ensure that the guidelines laid down by this order are also
observed by the employers in Private Sector.
11. These guidelines will not prejudice any rights available
under the Protection of Human Rights Act, 1993.

ARTICLES IN ABOVE CASE STUDY

Article

14: The right to equality

Article 15: The right to non discrimination
Article 19(1)(g): The right to practise ones profession
Article 21: The right to life
Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW)
Article 11 ([State] takes all appropriate measures to
eliminate discrimination against women in the field of
employment)
Article 24 ([State shall] undertake to adopt all necessary
measures at the national level aimed at achieving the full
realization)

REVIEW OF LITERATURE
1.

There is no effective legislation

2. Domestic violence bill
3. Prevention, Prohibition and redressal act
Violence Against Women Affects the Workplace:
Legal Remedies for Women and Advocates by Julie
Goldscheid and Pamela Coukos ,83 Women Law. J. 6
1997
Violence against women, including physical and sexual
assaults by strangers and intimate partners, has a dramatic
and often unrecognized impact on the workplace and,
consequently, on women's economic security.

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
(NO. 14 OF 2013) [22ND APRIL. 2013.]

An Act to provide protection against sexual harassment

of women at workplace and for the prevention and
redressal of complaints of sexual harassment and for
matters connected therewith or incidental thereto.

RATIO DECIDENDI
The

court laid down that the consideration of

International Conventions and norms are significant
for the purpose of interpretation of the guarantee of
gender equality, right to work with human dignity in
Articles 14, 15 19(1)(g) and 21 of the Constitution
and the safeguards against sexual harassment
implicit therein. Supreme Court of India defined
sexual harassment and set guidelines for employers.

JUDGEMENT:
The

judgment was delivered by chief justice

J.S.Verma. The court observed that it is fundamental
right of working women under article 14, 19(1)(g)
and 21 of the constitution to carry on any
occupation, trade or profession but it should be
ensured that trader should provide a safe working
environment at workplace.
Vishakhas case has thus become a landmark case
for the whole society to spread out awareness
regarding safeguarding womens rights and
providing security to them.

 The

judgment of vishakhas case has also

prompted many studies and surveys that looked
at the measures to deal with sexual harassment.
This case also highlighted the equality that
should be given to women at workplace and treat
them with equal self respect. Also this case gave
rise to many of the NGOs which today work for
womens rights and equalities.

CONCLUSION:
We

can conclude that the situation of women even at

an educated place is meagre. The rights and the
freedom of the women are not well safeguarded.
They are looked upon as a means of use and throw
object. The position of women at workplace is
considered to be lower and also that their safety and
security is also not well safeguarded in our society.