Case Brief

Visakha & Ors V. State of Rajasthan

(1997) 6 SCC 241

Naina Kapur and her organization Sakshi                -Appellant
                                        versus
The state of Rajasthan and central government   -Respondent

FACTS:-

A social worker from the village of Rajasthan named Bhanwari Devi filed the suit after she was brutally gang-raped for forbidding a child marriage of Ramakar Gujjar's daughter. Ramakar Gujjar and his four family members brutally raped her before her husband on 22nd September 1992. At the time of medical examination, the examinator did not mention any report about the rape in the reports. All four accused were acquitted in the district court with the help of a local politician. The High Court, in its judgment, stated that "It was a case of gang rape committed out of a revengeful situation. Several women's organizations, including Sakshi, led by Naina Kapur, filed a Public Interest Litigation (PIL) to endorse working women's fundamental rights under Articles 14, 19, and 21 of the Indian Constitution.

ISSUES:-

Whether the enactment of guidelines mandatory for the repayment of sexual harassment of women at workplaces?
Does the employer have any responsibility when sexual harassment is done to/by its employees?

JUDGEMENT:-

In consideration of the Vishakha case and Nilabati Behera v. State of Orissa, the Court addresses two pivotal questions:

· Issue 1: Whether the enactment of guidelines mandatory for the repayment of sexual harassment of women at workplaces?

The Vishakha case highlights that fundamental rights under Articles 14, 19(1)(g), and 21 of the Indian Constitution protect basic entitlements, including gender equality and the prevention of sexual harassment. The "Vishaka Guidelines" were introduced to ensure a secure working environment, which the court sees as integral to the right to life and a dignified existence. Employers are obligated to implement these guidelines, making it a mandatory measure to safeguard the rights and dignity of women in the workplace.

· Issue 2: Does the employer have any responsibility when sexual harassment is done to/by its employees?

The Indian Supreme Court introduced the "Vishaka Guidelines" to combat workplace sexual harassment, placing clear responsibilities on employers. These include publicly prohibiting sexual harassment, seamlessly integrating guidelines into policies, fostering inclusive environments, establishing efficient complaint mechanisms, and supporting victims of third-party harassment. In essence, these guidelines mandate employer action to prevent and address sexual harassment effectively.

RATIONALE:-

The judgment in Bhanwari Devi v. State of Rajasthan is firmly anchored in the constitutional bedrock of Article 14 (equality), Article 19(1)(g) (right to practice any profession), and Article 21 (life and liberty). It mandates employers to implement Vishaka Guidelines, ensuring a secure, inclusive work environment and safeguarding women's rights and dignity at work, marking a pivotal decision.