VISHAKHA
V. STATE OF RAJASTHAN
Vishakha v. State of
Rajasthan, (1997) 6 SCC 241
Landmark
case on the absence of domestic laws for protecting women from sexual
harassment at workplace.
Author- Saumya mishra, B.A.LLB(Hons), S.S khanna Girls' Degree College, University of Allahabad, Prayagraj
Abstract
The
case of Vishakha v. State of Rajasthan & Ors, 1997 made the lack of
laws related to the women`s safety noticeable. A woman of lower class was
brutally raped by her employer and others and no justice was given to her and
due to the lack of specific laws and political pressure she was denied justice.
There are numerous cases of sexual harassment in India and because of the lack
of legislative laws it created a setback that Indian Judicial System had to
face. Hence an PIL was filed in SC by Vishaka, an NGO. Issues raised in this
case were on gender equality at workplace, employer`s responsibility in case of
sexual harassment and violation of fundamental rights under article 14, 15, 19
and 21. There were many arguments raised by the petitionersregarding the issue,
they include ratification of Indian government with CEDAW and the obligation of
legislation to from specific laws,request was made to Supreme Court to
formulated some guidelines. As a result, Honorable Supreme Court structured
some guidelines and norms known as ‘Vishakha Guidelines’ which filled to
gap of absence of laws in cases of sexual harassment faced by women at
workplace until the legislature shows up with some specific laws. These
guidelines were given to central, state and private sectors to curb such crimes
against women.
1.
Primary details of the Case
|
Case
number |
: |
Writ
Petition (criminal) Nos. 666-70 of 1992. |
|
Jurisdiction |
: |
Honorable
Supreme Court of India. |
|
Citation |
: |
AIR
1997 SC 3011 |
|
Case
decided on |
: |
Aug
13, 1997. |
|
Judges
|
: |
J.S. Verma (then CJI), Sujata Manohar and
B.N. Kirpal. |
|
Legal
Provisions Involved |
: |
Article
14, 15, 19(1)(g), and 21 of the Constitution. |
|
Case
Summery Prepared |
: |
Saumya. |
2.
Brief facts of the case
The
Vishakha v. State of Rajasthan &orsis the case which has brought valuable reforms for women
at workplace who face sexual harassment. In this case a PIL was filed due to
the gang rape of Bhanwari Devi, who belonged to Bhateri, Rajasthan was a social
worker under women`s development project and was working to stop the practice
of child marriage of an infant girl child due to which she was brutally raped
by 5 men of upper class named as Ram Gujjar, Gyarsa Gujjar, Ram Karan Gujjar,
Badri Gujjar and Sharvam Sharma. She was raped in front of her husband by her
employer and other men. She tried to file a case against them but due to
political pressure police refuse to file the case and to conduct any
investigation. Even at hospital, doctor refused to mention ‘rape’ in her
reports. After all this she approached the trail court in Rajasthan in which
decision was given that there was no concrete evidence against the 5 accused
and the court did not believe the fact that her husband was restricted to do
anything to save her. Aggrieved by this decision, Vishakha, an NGO, approached
the Supreme Court to file a Public Interest Litigation under Article 32 of the
Constitution
3.
Issues Involved in the Case
1.
Whether
the decision of the trail court violets the Fundamental Right under Article 14,
15, 19(1)(g), and 21 of the Constitution?
2.
The
Court had to deal with the issue of gender equality at workplace.
3.
Whether
the employer has any responsibility in case of sexual harassment at his
workplace?
4.
The
Court had to deal with the absence of local laws and whether it could apply
international laws in such circumstances?
4, Arguments
the of Parties
Petitioners:
It was
contended that sexual harassment of women at workplace is a violation of
Fundament Right under Article 14, 15, 19(1) (g), and 21 of the Constitution of
India. Petitioner also mentioned the loopholes of the legislation in forming
the laws related to women`s safety. It was also contended that the court shall
form some guidelines regarding the safety of women against sexual harassment at
workplace and create a safe working environment for them.
Petitioner
contended that there is a lack of specific legislation regarding the issue of
sexual harassment of women at workplace which results in unsafe environment for
women to work due to which women face challenges in doing their job properly.
It was
contended that as India has ratified with the Convention on Elimination of all
form of Discrimination Against Women (CEDAW) due to which the government is
obliged to make laws relating to women`s safety and sexual harassment against
them at their workplace.
It was
also contended that even if there are no specific laws relating to sexual
harassment of women at workplace it is the duty of the court to implement rules
and regulations that would help to remove such crimes.
It was
further contended that the employer has a responsibility towards the safeguard
of the women against the crimes like sexual harassment of them at their
workplace. It was said that employer should take measures to prevent such
crimes by creating safe working environment and employer should also take
active actions against such act if it happens at workplace.
The
petitioner strongly argued for enactment of guidelines by Supreme Court related
to sexual harassment at workplace. Bhanwari Devi was not the only one to face
such harassment there are many more who due to social pressure do not show up
in the Court. Petitioner referred to the case of ‘Minister of Immigration
and Ethnic Affairs v. Toer (1995)’ in which it was held that if the law is
silent at a particular issue,then the court can reply upon international laws
in such issue to protect the Fundamental Rights under Part III of the
Constitution. Therefore, thepetitioner pleaded the court to form some
guidelines to protect the interest of women.
Respondent
The
learned solicitor general from the side of the respondent did something
uncommon and unusual with the consent of the respondent i.e. supported the petitioner.
The respondent assisted the court in structuring the guidelines to eradicate
sexual harassment against women at their workplace. The amicus curiae of the
Supreme Court, Fali S Nariman along with Ms. Naina Kapur and Ms. Meenakshi
assisted the Supreme Court in dealing with the said case. The respondent
mentioned that states should provide reports about sexual harassments and
measures taken by them to prevent such or other harassment to women at their
workplaces.
5. Legal
Provisions Involved
Article 14 of the Constitution
Article 14 of the Constitution is Right
to Equality which says that the state shall not deny any person equality before
law or equal protection of law within the territory of India. Sexual harassment
at workplace is violation of Article 14 of the Constitution as it is violating
the right of the women to work efficiently. It hinders their ability to participate
fully in their work due to the unhealthy and discriminatory environment
existing.
Article 15 of the Constitution
Article 15 of the Constitution is the
right against discrimination. Clause (1) of this Article states that the state
can not discriminate any citizen on the basis of religion, race, caste, sex,
place of birth or any of them. It further states that there should be no
discrimination on the basis of above said factors in the access of hotels,
shops, state`s property, roads etc. There is also an exception stated in clause
(3) of the article which states special provision for betterment of women and
children.
Article 19 (1) (g) of the Constitution
Article 19 (1) (g) of the Constitution
is the Right to take any profession. It gives the right to pursue the
occupation, trade or business according to one`s own choice. There are also
some restrictions in the interest of public morality and order.
Article 21 of the Constitution
Article 21 of the Constitution is the
Right to Life and Personal Liberty. This Article is considered as the heart of
the Constitution which include many rights such as Right to Education, Right to
sleep etc.
6. Judgement
Honorable
Supreme Court understood the lack of laws relating to sexual harassment. Sexual
Harassment at workplace violates the basic human rights and gender equality
resulting in violation of fundamental rights under Article 14, 15, 19 (1) (g),
and 21 of the Constitution. The employer is obligated to ensure safe working
environment and there should be no discrimination between men and women
employees. The court held that that sexual harassment against women at
workplace hinders their right to live with dignity which comes under Article 21
of the Constitution. The Supreme Court held the need of some guidelines that
will help to curb the sexual harassment and asked the Government of India and
other states to ensure that these guidelines should be practiced strictly at
all workplace. As there was a lack of specific legislation on such matter,
Supreme Court under Article 141 and Article 32 of the Constitution formulated
guidelines and norms which will be presumed as law until appropriate
legislation is enacted. It was also said that formulating the guidelines state
can refer to international laws only to the extent that it does not infringe
the domestic laws
The
guidelines and norms prescribed were:
·
It
was duty of the employers and other responsible person or institutions to
prevent sexual harassment at workplace and also to provide ways for settlement,
resolution and prosecution of the act of sexual harassment.
·
Sexual
harassment includes some unwelcome sexual behaviors such as physical advances,
demand or request for sexual favours, sexually colored remarks, showing
pornography or any other unwelcome physical, verbal and non-verbal sexual
conduct.
·
There
are also prevention steps given such as the prohibition of sexual harassment
should be notified, published and circulated in appropriate ways, the rules and
regulations of the government and public sector relating to the conduct of
discipline should also include prohibition of sexual harassment, in case of
private sector the prohibition of such act should be mentioned in the standing
orders under Industrial Employment (standing orders), 1946. Appropriate working
condition should be taken into consideration to ensure that there is no hostile
behavior towards women employees and no women employee should have reasonable
grounds to assume that she is disadvantaged with respect to her employment.
·
If
such offence has been committed then it is the duty of the employer to
complaint about it in appropriate authority and the option of transfer should
be to the victim in order to avoid any kind of discrimination.
·
Appropriate
disciplinary actions and complaint mechanism should be formed by the employer
in the organization for redressal of complaints by the victim and there should
be time bound treatments of the complaints.
·
There
should be formation of a complaint committee, which will be headed by a woman
and not less than half of members should be women and it should also include a
party not of the organization such as NGO working on related issues.
There should be an annual report
submitted to the government about the complaints and actions taken.
7. Impact
and Significance
It can be said that this case led to a
victorious moment for the women of India. This case was able to bridge the gap
of law in respect to the safety of women and their independence to work in the
area of their interest. Guidelinesgiven by Supreme Court gave a clear
definition of sexual harassment and the methods for prevention and prosecution
of such a crime. After this case, the Government of India enacted The Sexual
Harassment Act, 2013, therefore, this case is considered as a huge step related
to the safeguard of fundamental rights of the women.
8. Conclusion
Even when the guidelines were given by
court, cases of sexual harassment had been increasing and the prominent cause
of this was inefficient enforcement of the guidelines given by court. State,
public sector and the private sector did not take active measures to remove
this evil. Legislature also took 13 years to pass laws in respect of sexual
harassment. Government of India and Judiciary should take the problems faced by
women more seriously with special focus on women of rural area.
Post a Comment