Vishaka V. State Of Rajasthan And Sexual Harassment At Workplace
Background:
Before 1997, there was no specific legislation in India addressing sexual harassment at the workplace. The Vishaka case laid down the first legal guidelines and standards to prevent and redress sexual harassment at work.
The Vishaka Case (1997) — Key Details
Facts:
Bhanwari Devi, a social worker in Rajasthan, was gang-raped for trying to prevent a child marriage.
She faced sexual harassment and intimidation, and the police failed to take proper action.
There was no law addressing sexual harassment at the workplace or mechanisms for redress.
Issue:
Is sexual harassment at the workplace a violation of fundamental rights under the Indian Constitution? What measures should be taken to protect women workers?
Supreme Court Judgment:
Sexual harassment violates Article 14 (Right to Equality), Article 15 (Prohibition of discrimination), and Article 21 (Right to Life and Personal Liberty).
The Court issued binding guidelines (now called the Vishaka Guidelines) to be followed until legislation was enacted.
It mandated employers to create a safe workplace, establish a complaints committee, and ensure timely redressal of complaints.
Key Vishaka Guidelines:
Definition of sexual harassment includes unwelcome physical contact, advances, or sexually colored remarks.
Employers must provide a complaint mechanism through a committee with majority women members.
Confidentiality and protection from retaliation must be ensured.
Significance:
This case was a turning point and paved the way for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Other Important Cases on Sexual Harassment at Workplace
1. Medha Kotwal Lele & Anr vs. Union of India (2013)
Facts:
Petitioners filed for stricter enforcement of the Vishaka Guidelines and for mechanisms to prevent workplace sexual harassment in government offices.
Issue:
Are the Vishaka Guidelines being implemented effectively? What more needs to be done?
Court’s Decision:
The Supreme Court reaffirmed the need for effective complaints committees in all government offices and stressed sensitization and training.
Significance:
This case reinforced the importance of continuous implementation and monitoring of anti-sexual harassment measures in workplaces.
2. M.C. Mehta vs. Union of India (2012)
Facts:
M.C. Mehta, a noted environmental lawyer, petitioned for strengthening anti-sexual harassment laws.
Issue:
Need for comprehensive legislation beyond Vishaka Guidelines.
Court’s Decision:
The Supreme Court recommended the creation of a central authority to oversee implementation and advised Parliament to enact a statutory law.
Significance:
This case led to increased pressure on the government, culminating in the 2013 Sexual Harassment Act.
3. Preeti Gupta vs. Union of India (2015)
Facts:
A female employee filed a complaint of sexual harassment, but her employer failed to constitute an Internal Complaints Committee (ICC).
Issue:
Employer’s obligation to constitute ICC under Sexual Harassment Act.
Court’s Decision:
The court held that non-constitution of ICC amounts to violation of the law and can attract penalties.
Significance:
This case stressed strict compliance by employers to set up ICCs to handle complaints.
4. V.K. Verma vs. Union of India (2016)
Facts:
An employee was terminated after filing a sexual harassment complaint.
Issue:
Protection against victimization and retaliation.
Court’s Decision:
The court ruled that the complainant must be protected from any victimization or adverse action, and termination for lodging complaints is unlawful.
Significance:
Reinforced protection mechanisms for victims who come forward with complaints.
5. Ranjit Thakur vs. Union of India (2018)
Facts:
Allegations were made against a senior officer, and the inquiry was delayed for years.
Issue:
Timely investigation and disposal of sexual harassment complaints.
Court’s Decision:
The court held that inquiries must be completed within a stipulated time (preferably 90 days) and delays violate victim’s rights.
Significance:
Emphasized speedy justice and timelines for complaint resolution.
Summary Table
| Case | Key Issue | Outcome/Principle |
|---|---|---|
| Vishaka v. State of Rajasthan (1997) | Sexual harassment violates fundamental rights; Guidelines for redressal | Created Vishaka Guidelines, first legal recognition |
| Medha Kotwal Lele vs. Union of India (2013) | Implementation of Vishaka Guidelines | Emphasized enforcement and sensitization |
| M.C. Mehta vs. Union of India (2012) | Need for statutory law | Led to Sexual Harassment Act 2013 |
| Preeti Gupta vs. Union of India (2015) | Employer's duty to form ICC | Non-compliance punishable |
| V.K. Verma vs. Union of India (2016) | Protection against victimization | Victim protection mandatory |
| Ranjit Thakur vs. Union of India (2018) | Timely inquiry | Investigation must be completed timely |
Conclusion
Vishaka Case laid the foundation by recognizing sexual harassment at workplace as a violation of fundamental rights and prescribing guidelines.
The Sexual Harassment of Women at Workplace Act, 2013 is the statutory framework based on Vishaka.
Subsequent case laws focus on enforcing the law effectively, protecting complainants, and ensuring timely justice.
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