1

UNIVERSITY INSTITUTE OF LEGAL STUDIES, PANJAB

UNIVERSITY, CHANDIGARH

INTERNATIONAL HUMAN RIGHTS

SUBMITTED TO :- ANNAYA RISHI

SUBMITTED BY:- KIRAT BIR KAUR

CLASS:- BALLB(HONS)

SECTION:-B

SEMESTER:-9TH

ROLL NO:- 376/19

 2

ACKNOWLEDGEMENT

I would like to take this opportunity to express my profound gratitude and deep regards to my
Professional ethics professor Annanya ma’am for her exemplary guidance, monitoring and
constant encouragement throughout the course of the project on the Vishakha vs State of
Rajasthan The blessing, help and guidance given by her from time to time shall carry me a
long way in the journey of life. I would also like to thank my parents who helped me
throughout the project
 3

INDEX

Sr No. TOPIC Pg. No.

1. INTRODUCTION 5

2. FACTS OF THE CASE 5

3. ISSUES OF THE CASE 6

4. ARGUMENTS OF THE PETITIONER AND THE 7

RESPONDENT

5. OBITER DICTA 7

JUDGEMENT

6. GUIDELINES OF THE SC 9

7. CRITICAL ANAYLYSIS 12

8. CONCLUSION 12

9. BIBLIOGRAPHY 13
 4

VISHAKHA VS STATE OF RAJASTHAN

NAME OF THE CASE VISHAKA & ORS. V STATE OF RAJASTHAN & ORS.

CITATION OF THE CASE (1997) 6 SCC 241

NAME OF THE COURT HON’BLE SUPREME COURT OF INDIA

PETITIONERS IN THE CASE VISHAKA AND ORS.

RESPONDENTS IN THE CASE THE STATE OF RAJASTHAN AND ORS.

Chief Justice J.S. Verma,

HON’BLE BENCH Justice Sujata V. Manohar and
Justice B.N. Kirpal.

JUDGMENT PASSED ON 13TH AUGUST 1997

 5

INTRODUCTION

The growth of a society is often determined by the way it treats its most vulnerable sections;
women and children are among the most vulnerable in a society like ours and to safeguard
their rights is of paramount importance. Sexual harassment of women in general and such
harassment at workplaces is a phenomenon that puts women at higher levels of risk. A robust
mechanism against the same goes a long way in safeguarding their interests. The decision of
the Supreme Court in Vishakha v State of Rajasthan was a landmark one as it laid down
elaborate guidelines to deal with the menace of sexual harassment against women at
workplaces. The ruling was delivered by a three-judge bench comprising of Chief Justice
Verma, Justice Sujata V. Manohar and Justice B.N. Kripal.

FACTS

1. Bhanwari Devi, a woman belonging from Bhateri, Rajasthan started working under
the Women’s Development Project (WDP) run by the Government of Rajasthan, in
the year 1985. She was employed as a ‘Saathin’ which means ‘friend’ in Hindi.

2. In the year 1987, as a part of her job, Bhanwari took up an issue of attempted rape of
a woman who hailed from a neighbouring village. For this act, she gained full support
from the members of her village. In the year 1992, Bhanwari took up another issue
based on the government’s campaign against child marriage. This campaign was
subjected to disapproval and ignorance by all the members of the village, even though
they were aware of the fact that child marriage is illegal.
3. In the meantime, the family of Ram Karan Gurjar had made arrangements to perform
such a marriage, of his infant daughter. Bhanwari, abiding by the work assigned to
her, tried to persuade the family to not perform the marriage but all her attempts
resulted in being futile. The family decided to go ahead with the marriage.
4. On 5th May 1992, the sub-divisional officer (SDO) along with the Deputy
Superintendent of Police (DSP) went and stopped the said marriage. However, the
marriage was performed the next day and no police action was taken against it. Later,
it was established by the villagers that the police visits were a result of Bhanwari
Devi’s actions. This led to boycotting Bhanwari Devi and her family. Bhanwari also
lost her job amid this boycott.
 6

5. On 22nd September 1992, to seek vengeance, five men i.e, four from the above-
mentioned Gurjar family- Ram Sukh Gujjar, Gyarsa Gujjar, Ram Karan Gujjar, and
Badri Gujjar along with one Shravan Sharma had attacked Bhanwari Devi’s husband
and later brutally gang-raped her.
6. The police had tried all possible ways to avoid filing any complaint against the
accused which resulted in a delayed investigation. Even after facing so much
criticism, Bhanwari Devi, with her incessant determination to get justice, managed to
lodge a complaint. The medical examination was delayed for fifty-two hours.
However, the examiner did not mention any commission of rape in the report but
rather mentioned the age of the victim.
7. In the absence of sufficient evidence and with the help of the local MLA Dhanraj
Meena, all the accused managed to get an acquittal in the Trial Court. But this
acquittal resulted in a huge backlash from many women activists and organizations
which supported Bhanwari. These organizations came together and raised their voice
to attain justice, which resulted in the filing of a Public Interest Litigation (PIL).
8. The PIL was filed by a women’s rights group known as ‘Vishaka’. It laid its focus on
the enforcement of the fundamental rights of women at the Workplace under the
provisions of Article 14, 15, 19, and 21 of the Constitution of India, it also raised the
issue of the need for protection of women from sexual harassment at Workplace.

ISSUES RAISED IN THE CASE

1. Whether sexual harassment at the Workplace amounts to a violation of Rights of

Gender Inequality and Right to Life and Liberty?
2. Whether the court could apply international laws in the absence of applicable
measures under the existing?
3. Whether the employer has any responsibility when sexual harassment is done to/by its
employees?

PETITIONERS ARGUMENTS

A writ petition, seeking the writ of mandamus was filed by the ‘Vishaka’ group which
comprised of various women’s rights activists, NGOs, and other social activists.
 7

They put forward their argument that the indecent acts of sexual harassment of women at
Workplace violate the fundamental rights enshrined under Article14, 15, 19(1)(g) and 21 of
the Constitution of India.

The petitioners brought the attention of the Hon’ble court to the loophole that the legislation
has regarding the provision of a safe working environment for women.

They requested the Hon’ble Court to frame guidelines for preventing sexual harassment at
Workplace.

RESPONDENT’S ARGUMENTS

The learned Solicitor General appearing on behalf of the respondents (with their consent) in
this case did something unusual i.e, supported the petitioners.

The respondent assisted the Hon’ble court in figuring out an effective method to curb sexual
harassment and in structuring the guidelines for the prevention of the same. Fali S. Nariman –
the amicus curiae of the Hon’ble court along with Ms. Naina Kapur and Ms. Meenakshi
provided assistance to the Hon’ble court in dealing with the said case.

RATIO DECIDENDI:

1. It is a fundamental right to carry any occupation, trade, or profession but the right highly
depends on the availability of a safe working environment. The Right to life embedded in
the Constitution of India encompasses the right to life with dignity.
a. The fundamental responsibility of guaranteeing such safety and protection of
dignity is of the legislature and executive by enacting adequate legislation and
setting up a proper mechanism for the same.
b. After examining various judicial pronouncements and the relevant Article of the
Constitution court opined that gender equality is engrained in the Constitution of
India and protection from sexual harassment is main part the of gender equality.
c. In absence of any specific legislation, the court under Article 32 has the power to
enforce any fundamental rights.
 8

JUDGMENT OF THE CASE

The lack of a law that would prevent sexual harassment and provide women with a safe
working environment was acknowledged by the Hon’ble Supreme Court of India. Section
354 and 354A of the Indian Penal Code, 1860 were to be referred in any case of sexual
harassment but these provisions were not specific to the issue at hand. This made the Hon’ble
court realize the need for proper and effective legislation that would deal with sexual
harassment.

The Hon’ble Court took reference from the international conventions to proceed with the
case. It referred to the Beijing Statement of Principles on the independence of Judiciary[3] in
the LAWASIA region, to function as a guardian of citizens’ rights and independently make
laws in the absence of any legislative framework. Then the Hon’ble court took reference from
the provisions of Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW)[4]. They were-

Article 11 (1) (a) & (f)- which states that the State takes all appropriate measures to
eliminate discrimination against women in the field of employment.

Article 24- which states that the State shall undertake to adopt all necessary measures at the
national level aimed at achieving the full realization.

The Hon’ble Supreme Court framed the guidelines to prevent sexual harassment at the
Workplace, known as Vishaka Guidelines, that were to be treated as law declared under
Article 141 of the Indian Constitution. These guidelines were the foundation for The Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

THE VISHAKA GUIDELINES

The Supreme Court was to delve into the deep-rooted gender inequality in Indian society
which manifests itself in the form of violence against women (in the form of sexual
harassment at workplaces and rape). The Supreme Court while looking into the issue also had
to decide whether it was willing to lay down elaborate guidelines to deal with the same. The
 9

Court rose to the occasion and did come up with several guidelines to stop sexual harassment
at workplaces and these guidelines are popularly known as Vishakha Guidelines.

 The Court ruled that sexual harassment leads to depravity among the victims and was
a gross violation of their fundamental rights as provided under Articles 14, 19 and 21.

 The Court declared that in order to meaningfully dispose of the case, a set of
guidelines are necessary. The Union of India also gave its consent for the guidelines
through the Solicitor General, in addition to making a commitment to devise a
women’s policy that would make sure that women’s rights are protected to provide
them with a safe atmosphere to flourish in various fields of life.

The Court defined sexual harassment as any physical touch or conduct, any unpleasant taunt
or misbehaviour, showing of pornography and asking for any kind of sexual favours.

EMPLOYER’S OR OTHER EQUIVALENT AUTHORITY’S DUTY– Employer or

other responsible persons are bound to preclude such indecent incidents of sexual harassment
from happening. In case such an act takes place, then the organization must consist of a
mechanism to provide prosecutorial and conciliatory remedies.

DEFINITION – For this purpose “Sexual Harassment” means disagreeable sexually

determined behavior direct or indirect as-

Physical contact and advances;

A demand or request for sexual favours;

Sexually coloured remarks;

Showing pornography;

Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

MEASURES FOR PREVENTION– Employers or persons in charge of the workplace must

take preventive measures such as an express prohibition of sexual harassment in the form of
 10

notifications or circulars, penalties by the government against the offender, appropriate work
conditions in respect of hygiene, health and leisure.

PROCEEDINGS IN CASE OF MISCONDUCT– If the offenses committed are the ones

that fall under the purview of the Indian Penal Code, 1860, then the employer is bound to
take prosecutorial action by complaining to the appropriate authority.

APPROPRIATE DISCIPLINARY ACTION– If there is an occurrence of the violation of

service rules, appropriate disciplinary action must be taken.

REDRESSAL MECHANISM– An organization must have a redressal mechanism to

address the complaints. This must be irrespective of the fact that whether the act constitutes
an offense under the Indian Penal Code, 1860, or any other law as such.

REDRESSAL COMMITTEE– Such a redressal mechanism or more precisely such a

complaint committee must have women as more than half of its members and its head must
be a woman. The committee must comprise of a counseling facility. It is also acceptable to
collaborate with NGOs or any such organisations which are well aware of such issues. A
report must be sent to the government annually on the development of the issues being dealt
by the committee.

SPREADING AWARENESS– To raise sexual harassment issues, employer-employee

meetings must be held. The employer must take appropriate actions/measures to spread
awareness on the said issue.

Sexual Harassment at Workplace (Prevention, Prohibition and Redressal)

Act, 2013

Seventeen years after the Vishakha Guidelines were pronounced, the Parliament woke up
from its deep slumber and passed the Sexual Harassment at Workplace (Prevention,
Prohibition and Redressal) Act, 2013.
 11

 The Act is much wider in application than the guidelines but a cursory look tells us
that the basic framework has been borrowed from the Vishakha Guidelines.

 The “aggrieved women” covers a wide range of women irrespective of age and
employment status while “workplace” includes corporate and private places as well as
both the organised and unorganised sector.

 Specific time limits have been provided for inquiry and redressal of complaints.
Penalties including fines up to Rs 50,000 have been prescribed for non-compliance
with the provisions of the Act.

 The most important feature of the Act is the establishment of the Internal Complaints
Committee (ICC) in establishments with 10 or more employees by an order given in
writing by the employer.

 This Committee shall constitute a presiding officer who should be a senior female
employee, an external member to guard against undue influence from the employer or
any other higher-ups, and two other members.

 A Local Complaints Committee (LCC) is a committee to receive complaints of sexual

harassment at the workplace from establishments that do not have an Internal
Complaints Committee because they have less than 10 workers, or when the
complaint is against the employer himself.

o This Committee is important for women who work in the unorganised sector
or for domestic workers.

o The LCC is mandated under Section 6 of the Act.

o The committees have the same powers as that of a civil court under the Civil
Procedure Code. However, strict procedural laws shall not be followed during
the complaint redressal.

 The Committees may take steps towards conciliation (informal settlement between
parties) at the request of the woman.

 Otherwise, it shall initiate an enquiry into such allegations. If a prima facie case of
sexual harassment exists, the Committee shall submit its finding to the police station.

 On the completion of the report, it shall be submitted to the employer or the district
officer.
 12

CRITICAL ANALYSIS

In the case of Vishakha & others v/s the state of Rajasthan, the Supreme Court specifically
underlined the definition of Sexual Harassment[6],which conveys any unwanted or uninvited
physical touch or conduct or showing of pornography or any definable sexual comments or
texts will come under the ambit of Sexual Harassment. According to me any such conduct
done directly hampers the right of women to life and it also affects there dignity to live. It
also hinders the mental and physical health of women. Sexual harassment shall be avoided
and the equality between the genders shall be established at workplace.

The Supreme Court held out guidelines that, the person-in-charge of the particular institution,
organisation or office whether be it private or public, will be responsible in taking effective
steps to prevent sexual harassment. Penalties shall be charged from the accused people for
conducting sexual harassment. It had became a very crucial topic to act upon for the
prevention of sexual harassment women at workplace. In case of private companies the strict
rules regarding the punishment of sexual harassment shall be included. In case the sexual
harassment is conducted by the outsiders, the person-in charge of that institution must take
strict action for the conduct of such crime.

CONCLUSION
Sexual Harassment of women at workplace happens at a very frequent rate in India. If any
strict action will not be taken towards this crime, it will directly hamper the working ration of
the women in India and on other hand it will hamper the economic situation of India.
Government should make strict laws regarding the aversion of sexual harassment at
workplace, because it should realize that, women also constitute the working population of
our country. It should be abolished to prevent the dignity and the respect of the women.
Various new approaches and skills shall be implemented by the institutions, organisations to
prevent there women employees from such a social evil. The main objective behind the
stabilization of this right is to promote gender equality at workplace without any kind of
discrimination and discernment among the workers of an organisation.

BIBLIOGRAPHY
 13

1. Vishakha vs State of Rajasthan , available at, https://indiankanoon.org/doc/1031794/

accessed on 9th September, 2023
2. Vishakha vs State of Rajasthan, available at,
https://www.legalserviceindia.com/legal/article-374-case-analysis-vishaka-and-
others-v-s-state-of- rajasthan.html accessed on 10th September, 2023
3. Vishakha vs State of Rajasthan, available at, https://blog.ipleaders.in/case-analysis-
vishaka-ors-v-state-of-rajasthan-ors-1997-6-scc-241-landmark-case-on-sexual-
harassment/ accessed on 11th September, 2023
4. Vishakha vs State of Rajasthan, available at, https://byjus.com/free-ias-prep/vishakha-
case-1997-sc-judgements/ accessed on 9th September, 2023
5. Vishakha vs State of Rajasthan, available at, https://www.legallore.info/amp/vishaka-
ors-vs-the-state-of-rajasthan-ors accessed on 10th September, 2023
6. Vishakha vs State of Rajasthan, available at, https://lawcorner.in/vishaka-vs-state-of-
rajasthan-1997-6-scc-241-summery-analysis/ accessed on 11th September, 2023
7. Vishakha vs State of Rajasthan, available at ,https://legalvidhiya.com/vishakha-v-
state-of-rajasthan-air-1997-sc-3011/ accessed on 10th September, 2023