Vishaka Case (1997) – A Landmark Judgment on Sexual Harassment at Workplace

The Vishaka Case (1997) was a historic Supreme Court ruling in India that laid the foundation for laws against sexual harassment in the workplace. The case was filed after the brutal gang rape of Bhanwari Devi, a social worker in Rajasthan, who was assaulted for trying to prevent child marriage. This judgment led to the formulation of the Vishaka Guidelines, which remained the standard for workplace harassment laws until the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

🔹 Background of the Case

Bhanwari Devi, a social worker in Rajasthan, was gang-raped in 1992 by upper-caste men for preventing a child marriage.
When she filed a case, local authorities failed to provide justice, and the accused were acquitted.
In response, women’s rights activists and NGOs, under the name Vishaka, filed a Public Interest Litigation (PIL) in the Supreme Court of India to demand laws against sexual harassment at workplaces.

🔹 Key Legal Issues

Lack of laws specifically addressing sexual harassment at workplaces in India.
Violation of fundamental rights under Articles 14, 15, 19, and 21 of the Indian Constitution.
Employer's responsibility in preventing workplace sexual harassment.

🔹 Supreme Court's Verdict (1997)

✔ The Supreme Court ruled that sexual harassment violates fundamental rights, including gender equality and the right to work with dignity.
✔ Recognizing the absence of legislation, the court formulated the Vishaka Guidelines, mandating all workplaces to implement measures against sexual harassment.
✔ It held employers responsible for ensuring a safe working environment.

🔹 Vishaka Guidelines – Key Provisions

1️⃣ Definition of Sexual Harassment: Includes unwelcome physical contact, requests for sexual favors, sexually colored remarks, showing pornography, and any other unwelcome sexual behavior.
2️⃣ Employer’s Responsibility: Workplaces must provide a safe environment and take preventive measures.
3️⃣ Redressal Mechanism: Establishment of a Complaints Committee to address cases.
4️⃣ Awareness Programs: Workplaces must conduct educational programs to prevent harassment.
5️⃣ Strict Punishments: Employers must take disciplinary action against harassers.

🔹 Impact of the Judgment

✔ First legal framework against workplace harassment in India.
✔ Forced companies and institutions to create complaints committees and internal policies.
✔ Led to the passing of the Sexual Harassment at Workplace Act, 2013, making the Vishaka Guidelines legally binding.
✔ Strengthened women's rights and promoted a safer workplace environment.

🔹 Conclusion

The Vishaka Case (1997) was a turning point for women's rights in India, providing the first-ever legal framework against workplace sexual harassment. It paved the way for stronger legal protections, ensuring that women could work with dignity and safety.