Vishaka vs State of Rajasthan case summary
ABSTRACT
Vishaka case, also known as the sexual harassment case is a landmark judgement given by the Supreme Court of India. it was given in 1997 and addressed the issue of sexual harassment in the workplace in India. It also lead to the formation of Vishaka guidelines. The case arose when some people from the Gujjar community gang raped Bhanwari Devi, a social worker from Rajasthan. All she wanted to do was prevent the marriage of a one-year-old.
FACTS
• Bhanwari Devi was a social activist in a village in Rajasthan.
• Her main task was to stop child marriages which was happening at a rampant rate.
• Ramkaran Gujjars (thakurs) daughter, who was merely less than one year old was getting married. She wanted to stop it.
• In 1992, she was raped by Ramkaran gujjar and his five friends in front of her husband.
ISSUES INVOLVED
• Whether the enactment of guidelines is mandatory for the stopping sexual harassment of women at the workplace.
JUDGEMENT
The court noted that according to the Constitution of India, every profession, trade or occupation must ensure a safe working environment for employees as per Article 14, 19(1)(g) and 21. It impeded the right to life and the right to live a dignified life. The main stipulation was for a safe working environment to be present in the workplace.
The Supreme Court ruled that women have a fundamental right to be free from sexual harassment in the workplace. It also presented several critical instructions for employees to adhere to in order to prevent sexual harassment of women in the workplace.
Chief Justice J.S Verma conveyed the judgement of Vishaka v State of Rajasthan.
CRITICAL ANALYSIS
This case was one of the landmark judgements given by the Supreme Court. This case helped in issuing the Vishaka guidelines and also gave importance to women's safety in the workplace and rights against sexual exploitation. The court recognised the problems of women. Despite the Vishaka guidelines, sexual harassment at workplaces is still happening. The latest example is the brutal rape of a resident doctor in R.G KAR which makes us question the effectiveness of the guidelines.
-SHIVANII SINGH,
2ND YEAR
SOUTH CALCUTTA LAW COLLEGE
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