Vishaka & Ors vs. State of Rajasthan & Ors

 


CASE COMMENT

Vishaka & Ors vs. State of Rajasthan & Ors on 13 August, 1997

Equivalent citations: AIR 1997 SUPREME COURT 3011

Author: Verma

Bench: Cji, Sujata V. Manohar, B. N. Kirpal

PETITIONER: ............................................................................      “VISHAKA AND ORS

                                                             V.

RESPONDENT: ...........................................      “STATE OF RAJASTHAN AND ORS”

 

DATE OF JUDGMENT- 13/08/1997

 

BENCH:

CJI VERMA,

SUJATA V. MANOHAR,

B. N. KIRPAL

 

CITATION:

AIR 1997 SUPREME COURT 3011

(1997) 6 SCC 241

 

Introduction

This is a case about the horrible crime of workplace sexual harassment against a woman. The Supreme Court's decision marks a turning point in the history of sexual harassment. Uninvited sexual favours or sexual gestures from one gender toward the other are characterised as sexual harassment. Sexual harassment is a violation of the fundamental right to life enshrined under Article 14 of the Indian Constitution, as well as the fundamental right to a dignified existence included in Article 21 of the Indian Constitution. The Supreme Court of India issued a significant verdict in Vishaka & Ors. v The State of Rajasthan & Ors., which addresses the subject of sexual harassment of women at work. The well-known Vishaka recommendations were issued by the Supreme Court, requiring both the private and public sectors to establish processes to resolve sexual harassment accusations.

Provisions of Law involved

Constitution of India:

Article 14 (right to equality), Article 15 (right to non-discrimination), Article 19(1)(g) (right to practise one's profession), Article 21 (right to life)

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):

Article 11 ([State] takes all appropriate measures to eliminate discrimination against women in the field of employment), Article 24 (right to life) ([State shall] undertake to adopt all necessary measures at the national level aimed at achieving the full realization)

 

 Issues

1. Is workplace sexual harassment a violation of the right to gender equality as well as the right to life and liberty?

2. Is the employer accountable if an employee is subjected to sexual harassment?

3. What if workplace sexual harassment situations were subject to established guidelines?

4. Is workplace sexual harassment a violation of a woman's fundamental rights?

Facts of the case

Bhanwari Devi, a woman from Bhateri, Rajasthan, began working for the Rajasthan Government's Women's Development Project in 1985. (WDP). Bhanwari took on a problem based on the government's campaign against child marriage in 1992, according to her job. Despite understanding that child marriage was prohibited, the villagers were oblivious of the issue and encouraged it. Meanwhile, Ram Karan Gurjar's family has decided to have a similar ceremony for his young daughter. Bhanwari tried unsuccessfully to persuade the family not to execute the marriage, but she was unsuccessful. The family gave its blessing to the union. The sub-divisional officer and the DSP went to the wedding on May 5, 1992, and interrupted it. The wedding was held the next day, and no police action was taken against the couple. The locals later realised that Bhanwari Devi's acts were the cause of the police visits. Bhanwari Devi and her family were boycotted as a result, and she lost her job. To exact retribution, five men, four from the Gurjar family and one accomplice, attacked Bhanwari Devi's husband and gang-raped her on September 22, 1992. The police had done everything they could to avoid filing a complaint against the defendant, causing the inquiry to be delayed. Bhanwari Devi was able to register a complaint despite the harsh criticism she had received because of her unwavering commitment to seek justice. The medical exam has been postponed for another 52 hours. 

The examiner, on the other hand, made no mention of a rape commission in the report, instead focusing on the victim's age. Despite the absence of substantial evidence and with the help of local MLA Dhanraj Meena, all of the accused were acquitted in the Trial Court. Many female activists and organisations who backed Bhanwari were outraged by the acquittal. These organisations teamed together to pursue justice, and a Public Interest Litigation was filed as a result (PIL). The petition was filed by "Vishaka," a women's rights organisation. It emphasises on the enjoyment of women's essential rights in the workplace under Articles 14, 15, 19, and 21 of the Indian Constitution of 1950, as well as the necessity to protect workplace sexual harassment.

Contentions

Arguments given by Petitioner

The 'Vishaka' group, which included diverse women's rights activists, NGOs, and other social activists, filed a writ petition seeking a writ of mandamus. They argue that indecent acts of sexual harassment of women at work breach the fundamental rights guaranteed by Articles 14, 15, 19,(1)(g), and 21 of the Indian Constitution. The petitioners raised the Hon'ble court's attention to a flaw in the Act that prevents women from working in a safe atmosphere. They asked the Supreme Court to establish norms for combating workplace sexual harassment.

Arguments given by Respondent

In this instance, the respondent's counsel did something unique by having the learned solicitor general speak on their behalf and assist the petitioner. The respondent's counsel asked the court to identify an effective approach to stop sexual harassment in the workplace for women, as well as to provide rules for its prevention.

 

DEFECTS OF THE LAW

Vishaka Guidelines:

1. Employers should take preventative measures, such as specifically forbidding harassment and providing sanitary, comfortable, and healthful working environments.

2. Appropriate disciplinary action should be conducted in the workplace if administrative regulations are broken.

3. The employer is required to disclose the submitted offences to the authorities if they fall under the Indian Penal Code, 1860.

4. An organisation should have a redressal body to deal with harassment. Regardless of whether the demonstration is illegal under the Indian Penal Code, 1860, or another law, this should be done. More than half of the members of such a committee must be women, and the chairperson must also be a woman, as well as a counselling facility. A yearly report on the committee's progress must be sent to the government.

5. The business should take the necessary actions to increase awareness about the problem.

6. Sexual harassment is defined as any unwanted sexually determined behaviour (whether directly or indirectly), such as: a) physical contact and advances; b) a demand or request for sexual favours; c) sexually coloured remarks; d) pornography viewing; and e) any other unwanted physical, verbal, or nonverbal sexual conduct.

7. None of the rights granted by the Protection of Human Rights Act of 1993 will be jeopardised by these rules.

8. Government and public sector organisations should incorporate sexual harassment prohibitions in their conduct and discipline policies, as well as suitable sanctions for offenders. The Industrial Employment (Standing Orders) Act of 1946 should be amended to include the prohibitions indicated above.

9. Sexual harassment issues must be addressed through employer-employee meetings. The employer must take the appropriate steps to raise awareness of the problem.

 

 

Rational

Working women's fundamental rights, as enshrined in Articles 14, 19, and 21 of India's constitution, were infringed. There is a stronger attempt to guard against such infractions as a result of increased awareness and attention on gender justice. The horrible incident illustrates the dangers that a professional woman may face, as well as the depravity to which sexual harassment can develop. The Supreme Court of India recognised the need of a statute to combat sexual harassment and create a safe working environment for women. Sections 354 and 354A of the Indian Penal Code, 1860, were to be referred to in any case of sexual harassment.

The Supreme Court recognised the significance of implementing appropriate and effective legislation to combat sexual harassment as a result of this. As a result, such infractions are subject to the remedy for the enforcement of women's basic rights established by Article 32.

As a result, the Court's capacity to enforce fundamental rights under Article 32, as well as the Union's executive power, must rise to the challenge of protecting working women from sexual harassment and improving their basic rights in measurable ways. The Indian government also agreed to develop and implement a national policy on women that will guide and inform action in all situations and sectors; to establish a Commission for Women's Rights to act as a public protector of women's moral rights; and to institutionalise a public position medium to cover Platform for Action perpetration, among other things.

Inference

In the Vishaka Case, the Supreme Court of India took a crucial step toward women's emancipation by giving recommendations to address workplace sexual harassment. In the absence of domestic law, the Hon'ble Court relied on a variety of international agreements and laws, then tied them to the law of the land, resulting in the creation of an altogether new legal system. The Indian judiciary's attempts to protect women in this case are admirable. The Supreme Court's Vishaka Guidelines created a robust legal platform for all women to confront sexual harassment.

The Vishaka case changed people's perceptions on sexual harassment charges, which were previously dismissed as minor. The lady finally gets her ideal job at a software firm. The woman is the victim of sexual harassment for some reason. She considers going to the police station to make a report against the harasser, but she decides against it. She is concerned that if she complains, her family members may prevent her from continuing to work for the company. On the basis of the Vishaka case, one might conclude that, while India endeavoured to address the social problems of gender discrimination and sexual harassment by giving employment and legal protections, it failed to accept social responsibility for ensuring an equally safe working environment. Despite the fact that the law protects women, many cases of sexual harassment occur on a regular basis and go unreported.

CONCLUSION

The Hon'ble Supreme Court of India affirmed the constitutional ideals of equality and liberty in the Vishaka judgement. Many women have been moved by the passage of the law against sexual harassment to speak out against the misery they endured in silence until 1997. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, was based on the Vishaka Guidelines.

The Vishaka Judgement embodies the real spirit of judicial activism, and it has served as an inspiration to other nations. However, Bhanwari Devi, the spark that sparked the need for suitable legislation to protect women from sexual harassment, is still waiting for justice two decades later. 

It's important to remember that, despite having such comprehensive legislation in place to protect women, India still ranks as the most dangerous country for women. Perhaps it is time to ask ourselves if the law or we are the ones who must be held accountable.

 

 

 

 

 

 

 

 

 

Post a Comment

0 Comments