Sexual harassment at the workplace is a violation of the right to equality, dignity, and safety. In the absence of specific legislation in the 1990s, the Supreme Court filled the vacuum through its judgment in Vishaka v. State of Rajasthan (1997), laying down the famous Vishaka Guidelines.
Background of the Case
The case arose from the brutal gang rape of a social worker, Bhanwari Devi, in Rajasthan, who was attacked for trying to stop child marriage. Women’s organizations filed petitions demanding protection of women at workplaces.
The Judgment
The Supreme Court held that sexual harassment violates Articles 14, 15, and 21 of the Constitution. It framed detailed guidelines requiring employers to set up complaint committees, prevent harassment, and ensure safe workplaces. These Vishaka Guidelines remained law until Parliament enacted the Sexual Harassment of Women at Workplace Act, 2013.
Impact
The judgment was groundbreaking because it used international conventions like CEDAW (Convention on Elimination of Discrimination Against Women) to interpret fundamental rights. It remains a shining example of judicial creativity in protecting women’s rights.
Conclusion
The Vishaka case was a turning point in workplace equality. By declaring sexual harassment unlawful and prescribing preventive measures, the Court ensured dignity and safety for women workers across India.