Vishaka & Ors vs.

State Of
Rajasthan & Ors on 13
August, 1997
Introduction
In response to the Vishaka case, the Supreme Court of India issued landmark guidelines in
1997, often referred to as the Vishaka Guidelines. These guidelines provided a framework
for addressing and preventing sexual harassment at the workplace, emphasizing the
employer's responsibility to ensure a safe working environment for women. The Vishaka case
and its aftermath spurred legislative changes in India. These guidelines eventually paved the
way for the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act, 2013, which provided a comprehensive legal framework to address and
prevent workplace sexual harassment. These are some guidelines…
The employer has a responsibility to prevent or discourage sexual harassment and establish
procedures for dealing with, settling, or prosecuting such cases.
All employers and those in charge of workplaces must work to prevent sexual harassment,
and if any act qualifies as such under the Indian Penal Code, 1860 or any other law, they must
take the necessary steps to punish those responsible.
The employer should establish suitable mechanisms to ensure that the complaint is addressed
and resolved in a timely manner, even if the act is not regarded as a criminal offense or a
violation of service regulations.

Background
The history of sexual harassment in the workplace in India is strongly linked to the country's
social and legal environment, especially when considering the Vishaka case. The problem of
sexual harassment in the workplace was frequently disregarded, ignored, or not sufficiently
addressed until the 1997 Vishaka ruling. In the pre-Vishaka era, there was no comprehensive
legal framework in India to specifically address workplace sexual harassment. Existing
labour laws and legal provisions did not adequately cover or address this issue, leaving
victims with few legal protections and mechanisms for redress. In many cases, sexual
harassment was either accepted as a normal part of the workplace or concealed out of social
stigma and fear of retaliation, which further perpetuated a culture of silence and impunity.
This posed a significant challenge. This situation led to the Vishaka case, which was a
turning point because it forced the Indian judiciary to acknowledge the urgency of addressing
workplace sexual harassment. Bhanwari Devi's ordeal and the failure of local authorities to
provide justice sparked public outrage and brought sexual harassment to the fore of public
and legal consciousness. The Vishaka case, which highlighted the significance of addressing
this issue and established a precedent for legal action and workplace policies that protect the
rights and dignity of employees, particularly women, had a significant impact on raising
awareness and understanding of the issue of workplace sexual harassment, not only in India
but also on a global scale.

Fact of the case

In that case, Bhanwari Devi was a social activist/worker in a village in Rajasthan. He also
worked under the Rural Social Development Program aimed at ending child marriage in the
village, a social program run/initiated by the State Government of Rajasthan. Bhanwari Devi
wants to stop the marriage of Ramkaran Gujjars daughter who was less than one year i.e. she
was still a baby. As part of her duty, even with her futile attempts to end the marriage, this
happened, but Bhanwari Devi was not freed or forgiven for it. She was socially punished or
boycotted or targeted. In September 1992, Ramkaran Gujjar and his five friends were gang-
raped in front of her husband. A male primary care physician refused to examine her and the
Jaipur doctor only confirmed her age without recommending rape in his medical report. Even
at the police station the women laughed at him all night. At midnight, the police asked him to
leave his lehnga as proof of the incident and return to the village. After that, she was left with
only his blood-stained dhoti to wrap her body, as a result of which they had to spend the
whole night in the police station. The district court found the defendants not guilty. In its
judgment, the Supreme Court noted that "it was a revenge gang-rape case. All these
statements and judgments prompted women and NGOs to file a Petition (PIL) in the Supreme
Court of India."

Legal issue:
 When sexual harassment in work place is not mention in any law, can a writ petition
be filed to make a law for it?
 What is sexual harassment in work place and how to deal with it to prevent it

Analysis.
Vishaka Guidelines: The case led to the formulation of the Vishaka Guidelines by the
Supreme Court. These guidelines set out a comprehensive framework for preventing and
addressing sexual harassment in the workplace, emphasizing the role of employers in creating
a safe work environment.

Impact and Significance:

Recognition of Workplace Sexual Harassment: Vishaka played a crucial role in recognizing

that workplace sexual harassment was a violation of fundamental rights and human dignity. It
laid the foundation for acknowledging the pervasive nature of the problem within the Indian
workforce.

Legislative Changes: The case influenced legislative changes in India, resulting in the
enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act, 2013. This law provided a clear legal framework to address workplace sexual
harassment and mandated the establishment of Internal Complaints Committees in
workplaces.

Cultural Shift: Vishaka, along with the broader #MeToo movement, contributed to a
significant cultural shift. Victims of harassment began to feel more empowered to come
forward and demand justice. It pushed society to confront this issue openly and honestly.

Challenges and On-going Work:

Implementation: While the legal framework is in place, effective implementation remains a

challenge. Many workplaces struggle to address complaints of sexual harassment adequately.

Awareness and Education: There is a continuing need for awareness and education regarding
sexual harassment. Comprehensive training programs and awareness campaigns are crucial to
address this issue effectively.

Intersectionality: The Vishaka case primarily focused on the experiences of women.

However, workplace sexual harassment can affect individuals from diverse backgrounds and
identities. Ensuring the protection of all employees remains an evolving aspect of the
discourse.

Conclusion:
The case of Vishakha v. State of Rajasthan is an important case in the fight against sexual
harassment in the Indian workplace. This demonstrates the power of legal action in
addressing pervasive social problems. However, it is important to recognize that it is a work
in progress. Combating workplace harassment requires continuous efforts from legal, cultural
and social perspectives. Vishakha's legacy is a source of inspiration for our continued pursuit
of gender equality and protection of women's rights in the workplace. This sparked a
necessary debate and set a precedent that continues to shape the landscape of workplace
safety and gender equality.