CASE NO. 1
Vishakha and Ors
V.
Union Of India And Ors.
(AIR (1997), 6 SCC 241)
Landmark Case On Sexual Harassment At Workplace.
Written By:- SUPRIYA (S.S Khanna Girls' Degree College, University of Allahabad)
ABSTRACT
The Vishakha case is a significant judgment in Indian legal
history that dealt with the issue of sexual harassment at the workplace. It was
a Public Interest Litigation (PIL) filed by the Vishakha Committee, comprising
of various women's organizations and individuals, against the backdrop of
several reported incidents of sexual harassment in different parts of the
country. The Vishakha case of Vishakha and Others v. State of Rajasthan and
Others (1997) is a landmark judgment. It has addressed the issue of sexual
harassment in the workplace. The court stated that sexual harassment causes
depravity in the minds of victims. Also, it stated that Sexual Harassment in
the Workplace is a serious breach of fundamental rights under Articles 14, 19,
and 21.
1. PRIMARY DETAILS OF THE CASE
|
Case No |
: |
WRIT PETITION (CIVIL) |
|
Jurisdiction |
: |
Supreme Court Of India |
|
Case Filed on |
: |
11th August 1992 |
|
Case Decided on |
: |
13 August 1997 |
|
Judges |
: |
Chief Justice Verma,
Justice Sujata V. Manohar, and Justice B.N. Kripal |
|
Legal Provisions involved |
: |
Fundamental Rights Under Articles 14, 19 & 21. |
|
Case Summary Prepared by |
: |
Supriya |
2. BRIEF FACTS OF THE CASE
The five men, Ram Sukh Gujjar, Gyarsa Gujjar, Ram Karan
Gujjar, Badri Gujjar, and Shravan Sharma, four of whom belong to the Gujjar
family described earlier, conspired to get revenge before attacking Bhanwari
Devi’s husband. She knocked him out cold, and all five of the men grabbed her
viciously.
It didn’t help that she went to the police station; she was
told to leave her lehenga there as proof of her medical records. Bhanwari Devi
complained to the police station, but her search for justice was never over.
There was a fifty-two-hour delay in the medical examination. However, the
examiner just mentioned the victim’s age in the report and did not refer to any
rape commission.
This prompted four other organizations, including an NGO and
women’s rights groups called “Vishaka,” to join forces and file a petition
against this horrific gang rape. It placed particular emphasis on the
implementation of women’s fundamental rights at work as guaranteed by articles
14,15 and 21 of the Indian Constitution and also brought up the issue is the
necessity of shielding female employees from sexual harassment at work.
3. ISSUES INVOLVED IN THE CASE
There were three primary issues
involved in the case,
1. Determining if sexual harassment at
work constitutes a breach of rights protected by Articles 14, 15, 19, and 21 of
the Indian Constitution.
2. If there are no current laws that
apply to the case, might the case nevertheless apply to international laws?
3. Is there any liability for sexual
harassment committed against or by employees of the employer?
4. ARGUMENTS OF THE PARTIES
Plaintiff
Sexual harassment in the workplace violates fundamental
rights under Articles 14, 15, 19, and 21.
The Right to equality under Article 14 is breached when only
female employees are subject to harassment
The Right against discrimination under Article 15 on grounds
of gender is violated since only women face this issue
Employers must be held strictly liable for any violation of guidelines meant for the prevention of sexual harassment. Monetary compensation must be awarded to affected employees.
Defendant
The doctrine of vicarious
liability generally applies to tortious acts by employees. Its application to
criminal acts like sexual harassment with penal consequences needs to be
examined.
Employers cannot be
reasonably expected to be aware of all instances of harassment. Liability may
only arise for inaction after adequate notice.
5. LEGAL ASPECTS INVOLVED
The
following provisions of the Fundamental Rights are as under:
● Article 14
: The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India
●
Article
19
: provides freedom of speech which is the right to express one's opinion freely
without any fear through oral/written/electronic/broadcasting/press. Freedom of
expression includes Freedom of Press.
● Article 21:
No person shall be deprived of his life or personal liberty except according to
a procedure established by law.
6. JUDGMENT
At the time, the Hon’ble Supreme Court of India noted that
no laws had been put in place to provide a safe workplace for women or to
shield them from sexual harassment. The Indian Penal Code, 1860’s Sections 354
and 354A, were to be reviewed in any case involving sexual harassment;
nevertheless, these sections did not address the relevant clauses. This aided
the Honorable Court in realizing the necessity of appropriate and potent
legislation to address sexual harassment
7. Impact and
Significance:
The Vishakha judgment has had a profound impact on Indian society and the legal system. It led to the formulation of the "Vishakha Guidelines" in 1997, which were later incorporated into the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This legislation has been instrumental in creating a safe and secure work environment for women across India. The judgment also raised public awareness about the issue of sexual harassment and encouraged more women to come forward and report such incidents.
Conclusion
The Vishakha and Ors v. State of Rajasthan and Ors (1997) case is a milestone in Indian legal history that has significantly contributed to the protection of women's rights and the fight against sexual harassment at the workplace. The judgment not only established a legal framework to address this issue but also raised public awareness and encouraged a societal shift towards gender equality and respect for women's rights.
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