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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...

Workplace Harassment: Legal Rights, Prevention, and Remedies

Introduction Workplace harassment is a serious issue affecting employees across various industries. It not only creates a toxic work environment but also violates fundamental rights related to dignity, safety, and equality at work. Understanding the types of workplace harassment , legal protections , and available remedies is crucial for employees and employers alike. This blog will explore workplace harassment in detail, focusing on legal frameworks, landmark cases, and practical steps for prevention. What is Workplace Harassment? Workplace harassment refers to unwelcome conduct that creates an intimidating, offensive, or hostile work environment. It can be verbal, physical, psychological, or sexual in nature, affecting the well-being of employees and violating labor laws. Some key examples include: Sexual Harassment – Unwanted sexual advances, inappropriate remarks, or physical contact. Discriminatory Harassment – Harassment based on race, gender, religion, disability, o...