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Vishaka v. State of Rajasthan (1997): Sexual Harassment at Workplace and the Right to Dignity Under Article 21

Introduction

The Vishaka v. State of Rajasthan (1997) judgment marked a transformative moment in Indian constitutional law, especially concerning women’s rights and workplace safety. The Supreme Court, in this landmark case, recognized sexual harassment at the workplace as a violation of a woman’s fundamental right to live with dignity under Article 21 of the Constitution. This case laid the foundation for legal reforms ensuring a safe working environment for women in India.

 Background of the Case

The case arose from the brutal gangrape of Bhanwari Devi, a social worker from Rajasthan, who was targeted for preventing a child marriage. Following the attack, several women’s rights groups filed a Public Interest Litigation (PIL) under the name “Vishaka”, seeking legal measures against sexual harassment at the workplace.

Constitutional Provisions Involved

  • Article 21: Right to life and personal liberty, which includes the right to live with human dignity.

  • Article 14: Guarantees equality before the law.

  • Article 15: Prohibits discrimination on the grounds of sex.

The petitioners argued that sexual harassment violates these fundamental rights and demanded the establishment of enforceable guidelines in the absence of a specific law.

The Supreme Court’s Judgment

The Supreme Court delivered a historic verdict, holding that:

“Sexual harassment of a working woman at her workplace amounts to a violation of her fundamental rights under Articles 14, 15, and 21 of the Constitution.”

Since there was no statutory law governing sexual harassment at workplaces at the time, the court invoked international conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and laid down the Vishaka Guidelines.

The Vishaka Guidelines

The Court mandated that:

  • Every employer must provide a mechanism for redressal of sexual harassment complaints.

  • A Complaints Committee must be formed, headed by a woman, and include members from NGOs or other neutral parties.

  • Awareness about gender sensitivity and workplace ethics must be promoted.

These guidelines were to remain in force until legislation was enacted.

Impact of the Judgment

  1. Filling a Legal Vacuum: The Vishaka judgment filled a major legislative gap, ensuring protection for women at work.

  2. Legislative Response: It led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

  3. Judicial Activism: This case is an example of progressive judicial activism where the court used constitutional provisions and international conventions to protect fundamental rights.

Analysis: Article 21 and the Right to Dignity

This judgment broadened the interpretation of Article 21. The Court emphasized that the right to life is not just about survival but includes the right to live with dignity, free from fear, and in a safe environment. By linking workplace harassment to violation of dignity, it elevated the importance of psychological safety and gender equality as constitutional mandates.

Conclusion

The Vishaka judgment is a cornerstone in the evolution of gender justice and human rights in India. It reflects how constitutional provisions, when interpreted progressively, can empower the marginalized and protect against systemic injustice. It reaffirms the Supreme Court’s role as the guardian of fundamental rights, especially in safeguarding women’s dignity and freedom in the workplace.

Frequently Asked Questions (FAQs)

Q1. What is the significance of Vishaka v. State of Rajasthan?
A: It was the first case where the Supreme Court explicitly recognized workplace sexual harassment as a violation of fundamental rights under the Constitution.

Q2. What are the Vishaka Guidelines?
A: A set of preventive and redressal measures prescribed by the Supreme Court to deal with sexual harassment at the workplace.

Q3. Did this case lead to any new law?
A: Yes, it led to the passing of the Sexual Harassment of Women at Workplace Act, 2013, giving legal force to the Vishaka Guidelines.

Q4. Which Articles of the Constitution were invoked in the Vishaka case?
A: Articles 14, 15, and 21 – dealing with equality, non-discrimination, and right to life and dignity.


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