1. What is the Vishakha vs. State of Rajasthan Case all about?
The Vishakha vs. State of Rajasthan case in 1997 is a landmark judgement that addressed the issue of sexual harassment of women at the workplace. The case arose from the gang rape of Bhanwari Devi, a social worker in Rajasthan, who was attempting to prevent a child marriage. The case sought to establish guidelines to prevent and address sexual harassment in the workplace in the absence of specific legislation.
2. Facts of the Vishakha vs. State of Rajasthan Case Relevant for UPSC
- Parties Involved:
- Vishakha and other women’s rights groups (petitioners)
- State of Rajasthan and others (respondents)
- Legal Questions:
- Whether the lack of legislation addressing sexual harassment at the workplace violated the fundamental rights of women under Articles 14 (Right to Equality), 15 (Prohibition of Discrimination), 19(1)(g) (Right to Practice Any Profession), and 21 (Right to Life and Personal Liberty) of the Indian Constitution.
- The need for judicial guidelines to address sexual harassment at the workplace in the absence of specific legislation.
- Noteworthy Events:
- Bhanwari Devi, a social worker in Rajasthan, was gang-raped by upper-caste men for her efforts to prevent a child marriage.
- Women’s rights groups, led by Vishakha, filed a public interest litigation (PIL) in the Supreme Court, seeking enforcement of the fundamental rights of working women and the establishment of guidelines to address sexual harassment at the workplace.
3. What are the Major Judgements/Changes Brought by Vishakha vs. State of Rajasthan Case?
The Supreme Court delivered a historic judgement that laid down guidelines to prevent and address sexual harassment at the workplace:
- The Court recognized sexual harassment at the workplace as a violation of the fundamental rights of women under Articles 14, 15, 19(1)(g), and 21 of the Constitution.
- It established the “Vishakha Guidelines,” which provided a framework for employers to prevent and address sexual harassment at the workplace until specific legislation was enacted. The guidelines included:
- Definition of sexual harassment.
- Preventive measures to be taken by employers.
- Establishment of a complaints committee to address grievances.
- Ensuring confidentiality and protection against victimization of complainants.
- Creating awareness and conducting training programs on sexual harassment.
- The judgement emphasized that the guidelines would be binding and enforceable in law until appropriate legislation was enacted by the Parliament.
4. What was the Impact of Vishakha vs. State of Rajasthan Case on Indian Constitution?
- Recognition of Workplace Rights: The judgement recognized the fundamental rights of women to work in a safe and dignified environment, free from sexual harassment.
- Judicial Activism: It demonstrated judicial activism by establishing enforceable guidelines in the absence of specific legislation, ensuring immediate protection for working women.
- Catalyst for Legislation: The Vishakha Guidelines served as the basis for the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, providing a comprehensive legal framework to address sexual harassment at the workplace.
5. Was this Vishakha vs. State of Rajasthan Case Challenged/Reversed in Future?
The principles established in the Vishakha case have not been challenged or reversed. The guidelines laid down by the Supreme Court were instrumental in shaping subsequent legislation on sexual harassment at the workplace, and the principles continue to guide the interpretation and implementation of workplace rights for women.
6. Doctrines/Theories/New Concepts
- Doctrine of Judicial Guidelines: The case introduced the principle that the judiciary can establish enforceable guidelines to protect fundamental rights in the absence of specific legislation, ensuring immediate and effective protection.
- Comprehensive Definition of Sexual Harassment: The judgement provided a clear and comprehensive definition of sexual harassment, setting a standard for subsequent legal and policy frameworks.
- Employer Responsibility: The ruling emphasized the responsibility of employers to create a safe and dignified working environment, mandating preventive measures, grievance redressal mechanisms, and awareness programs to combat sexual harassment.