Vivekananda Institute of Professional Studies- TC

Vivekananda School of Law and Legal Studies

PSDA ASSIGNMENT

NAME: KAVYA MEHROTRA

ENROLLMENT NUMBER: 06217703522
SEMESTER AND SECTION: 4-L
SUBJECT CODE: LLB 206
SUBJECT: ADMINISTRATIVE LAW
TOPIC: CASE COMMENT ON THE CASE OF VISHAKA v.
STATE OF RAJASTHAN
SUBMITTED TO: MS. KANCHAN LAVANIA (Assistant
Professor, VSLLS, VIPS-TC)
 VISHAKA AND ORS v. STATE OF RAJASTHAN
AND ORS1.: A LANDMARK IN
ADMINISTRATIVE LAW

NAME OF THE CASE VISHAKA AND OTHERS V STATE OF

RAJASTHAN AND OTHERS

CITATION OF 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.

HON’BLE JUDGE Chief Justice J.S. Verma,

Justice Sujata V. Manohar

Justice B.N. Kirpal.

JUDGEMENT PASSED ON 13TH AUGUST 1997

1
AIR 1997 SC 3011
 TABLE OF CONTENTS

TOPICS PAGE NO.

INTRODUCTION 4

BACKGROUND 4

FACTS 5

ISSUES 5

KEY CONTENTIONS 6

REPLY OF COURT TO ARGUMENTS 7

JUDGEMENT 7&8

COMMENT 9

REFERENCES 10
 INTRODUCTION
As Eleanor Roosevelt once said, "Where, after all, do universal human rights begin? In small
places, close to home - so close and so small that they cannot be seen on any maps of the
world."

This underscores the importance of addressing sexual harassment not just as a legal issue but
as a moral imperative, reflecting our commitment to uphold the dignity and rights of every
individual in society. The case of Vishaka v. State of Rajasthan stands as a pivotal moment in
Indian jurisprudence, particularly in the realm of women's rights and workplace dignity.
Originating from a horrific incident of sexual harassment, the Vishaka case not only laid the
foundation for the legal framework to address sexual harassment in the workplace but also
sparked a broader societal conversation that led to the enactment of the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act in 2013, reflecting a
significant step towards ensuring the safety and dignity of women in the workplace.

BACKGROUND OF THE CASE

The Vishaka and Others v. State of Rajasthan and Others case, heard by the Supreme Court
of India, arose in response to a significant gap in Indian law regarding sexual harassment in
the workplace. Prior to the case, there was no specific legislation or administrative guidelines
addressing sexual harassment, leaving working women vulnerable to such misconduct. The
case was triggered by a horrifying incident in 1992, where a social worker was gang-raped in
Rajasthan. It sparked a huge outrage and highlighted the urgent need for legal protections
against sexual harassment, leading women’s right groups and NGO to file a PIL seeking to
address this critical issue.
 FACTS OF THE CASE

The onset of the Vishaka case lies in the gang rape of a woman from Bhateri named
Bhanwari Devi, who was a social activist worker under the Women’s Development Project
(WDP), which was overseen by the Rajasthan Government.

Bhanwari Devi was a headstrong and resilient woman who stood against injustices and
supported the Government’s 1992 campaign against child marriage. She attempted to stop a
child marriage in a nearby village, also informing nearby police officers of the same but to
her utter dismay, she was unable to prevent the marriage from taking place. The locals
learned that Bhanwari Devi’s activities were what prompted the police presence and as a
result, Bhanwari Devi and her family were ostracised and Bhanwari also lost her job. Soon
after, four men from the village brutally gangraped Bhanwari as means of revenge.

The police unnecessarily prolonged the investigation and Bhanwari Devi became the subject
of utter humiliation and widespread criticism. The four accused obtained an acquittal in the
trial court due to a lack of evidence and the backing of the local MLA. Many female activists
and organisations came forward in response to Bhanwari Devi’s acquittal and offered their
support. As a result of the groups and women activists speaking out against the injustice, a
public interest lawsuit was filed. The “Vishaka” organisation filed the PIL. According to the
provisions of articles 14, 15, 19, and 21 of the Indian Constitution, the PIL was filed in order
to enforce the fundamental rights of women at the workplace. The need for protecting women
from sexual harassment at work was also brought up in the PIL.

ISSUES OF THE CASE

1. Whether sexual harassment in the workplace is a violation of Fundamental Rights under
Articles 14, 15 and 21 of the Constitution?

2. Whether International Convention can be applied in cases of the absence of appropriate

domestic laws?

3. Whether there is a need for mandatory guidelines to be laid in the light of Sexual
harassment at the workplace?
 KEY CONTENTIONS
Petitioner’s side
Although the judgement does not provide separate arguments made by both parties, some
arguments were considered while delivering the judgement: The writ petition filed by
Vishaka put forth the argument that sexual harassment at workplaces is common, and the
employer often gets away with it in the absence of adequate legislation. Such legal vacuum
and lack of administrative guidelines addressing sexual harassment in the workplace violated
the fundamental rights of working women under Articles 14 (right to equality), 19 (right to
freedom), and 21 (right to life and personal liberty) of the Indian Constitution. It was
contended that the State had a duty to protect these fundamental rights by enacting
appropriate administrative measures.

The petitioners also cited international conventions and guidelines, such as CEDAW 2, to
support their argument for specific guidelines to address sexual harassment. They argued that
India, as a signatory to these conventions, had an obligation to adhere to international
standards in protecting women's rights in the workplace.

Respondent’s side
It is astonishing to note that the Solicitor General appearing on behalf of the respondents,
supported the petitioners. The respondent assisted the Hon’ble court in sorting out an
effective method to curb sexual harassment and formulate guidelines to prevent it. Fali S.
Nariman, the amicus curiae, Ms. Naina Kapur and Ms. Meenakshi, provided valuable
assistance to the court.

2
Convention on the elimination of All forms of Discrimination against Women
 REPLY OF COURT TO THE ARGUMENTS
In response to the arguments presented by the petitioners in the Vishaka and Others v. State
of Rajasthan and Others case, the Supreme Court of India, led by Chief Justice J.S. Verma,
along with Justices Sujata V. Manohar and B.N. Kirpal, acknowledged the merit of these
arguments. Chief Justice Verma emphasized that the absence of specific legislation or
administrative guidelines addressing sexual harassment in the workplace violated the
fundamental rights of working women under the Indian Constitution, including the right to
equality, freedom, and dignity. Justice Sujata V. Manohar stressed the importance of adhering
to international conventions and guidelines, such as the CEDAW, in formulating guidelines
to address sexual harassment. Justice B.N. Kirpal echoed these sentiments, highlighting the
need for immediate action to protect the fundamental rights of working women.
Consequently, the Court acted by issuing the Vishaka Guidelines, which provided a
framework for preventing and addressing sexual harassment in the workplace until
appropriate legislation was enacted.

JUDGEMENT
On considering the absence of domestic law regarding gender equality and protection from
sexual harassment at the workplace, the Court formulated the guidelines and norms to be
observed at all the workplaces until the enactment of legislation under Article 32 for the
enforcement of the Fundamental Rights of the Constitution. Adding on, the court declared
this as a law under the ambit of Article 141 of the Constitution. The guidelines prescribed are
as follows:

Duty of the Employer

The employer is duly responsible to prevent such commission of acts of sexual harassment by
means of expressing prohibition of such actions, providing quality work conditions, and
including the said prohibitions in the rules of either government body or private sector related
to the conduct and discipline.

Appropriate disciplinary action must be taken by the employer if there’s misconduct in the
employment of this kind. In cases where such a case constitutes an offence under IPC, then
the employer shall take suitable action. Also, it should be ensured that the victims are not to
be discriminated against, based on this complaint, and should be given the option to seek
transfer to her or to the wrong-doer.

The employer shall carry out the steps required to help the person who is affected in cases
where such acts were done by a third party.

Definition of sexual harassment

It is defined as an unwelcome sexually determined behaviour either directly or indirectly

which includes physical contact, demand/request for favours based on sexual nature,
Showing pornography, any sexually coloured remarks or other unwelcome physical
verbal/non-verbal conduct of sexual nature.

Complaint mechanism and committee

An efficient complaint mechanism should be engendered ensuring the time-bound remedies
to complaints. In addition to this, a complaint committee can be set up, headed by a woman,
comprising of a special counsellor, a third party related to this issue and not less than half the
members being women. This committee and the employer are required to submit a report
annually to the concerned government department regarding the complaints and the actions
taken thereon.

Worker’s initiative

Employees should be encouraged to come forward to raise such issues at the appropriate
forums.

Awareness

Awareness should be created among the employees regarding the prescribed guidelines.

Government to adopt required legislation

The court puts a request to the Central or State government to enact appropriate legislation in
the private sectors in this regard.
 COMMENT
The Vishaka and Others v. State of Rajasthan and Others case stands as a watershed moment
in Indian administrative law, particularly concerning workplace harassment. This landmark
case not only recognized sexual harassment in the workplace as a violation of fundamental
rights guaranteed by the Indian Constitution but also addressed the glaring absence of
specific legislation or administrative guidelines to tackle this issue. The Supreme Court's
decision to intervene and establish the Vishaka Guidelines not only filled a crucial gap in the
legal framework but also set a precedent for judicial activism in safeguarding the rights of
marginalized groups, especially women.

The Vishaka case highlighted the failure of existing administrative mechanisms to protect
women from sexual harassment and emphasized the need for proactive measures to address
this pervasive issue. The guidelines laid down by the Supreme Court not only provided a
framework for preventing and addressing sexual harassment in the workplace but also
mandated the establishment of complaint committees in every workplace to address
grievances. This marked a significant shift in administrative practices, as employers were
now required to take concrete steps to create a safe and harassment-free work environment
for women.

Furthermore, the Vishaka case sparked a national conversation on women's rights and
workplace dignity, leading to increased awareness and empowerment among women to report
instances of harassment. It also brought to the forefront the intersectionality of gender and
class, highlighting the challenges faced by women from marginalized communities in
accessing justice. The case thus underscored the importance of addressing not just the legal
but also the social and economic barriers that prevent women from seeking redressal for
harassment.

Moreover, the impact of the Vishaka case transcends borders, as it highlighted the importance
of adhering to international conventions and guidelines, such as CEDAW, in formulating
administrative measures to address sexual harassment. In essence, the Vishaka case not only
redefined administrative law in India but also served as a catalyst for legislative reforms and
societal change regarding gender equality and workplace ethics. It stands as a testament to the
judiciary's role in upholding fundamental rights and promoting a more just and equitable
society.

To conclude, in addition to its legal and administrative implications, the Vishaka case also
highlighted the power of grassroots activism and the importance of community solidarity in
the fight for justice. Bhanwari Devi's courageous stand against injustice, despite facing
ostracism and violence, inspired a wave of support from women activists and organizations
across the country. This solidarity not only helped Bhanwari Devi seek justice for herself but
also led to broader social and legal changes to protect women's rights. The Vishaka case,
therefore, serves as a reminder of the transformative impact of individual courage and
collective action in advancing social justice and gender equality.
REFERENCES
Indian Kanoon- https://indiankanoon.org/doc/1031794/

Kumar, R. (2022). An Overview of Women Rights in the Workplace in India. Jus Corpus
LJ, 3, 963

Vivekanand, S. (2021). An Analysis of the Post Act, 2013. Indian JL & Legal Rsch., 2, 1

Vishnoi, A. (2020). Sexual Harassment of Women at Workplace. Jus Corpus LJ, 1, 383

Panchori, D. (2021). Gender Justice and Judicial System. Jus Corpus LJ, 2, 106

Jaswal, N., & Singh, L. (2017). Judicial activism in India. Bharati Law Review, 3, 1-11

Joshi, K., & Kumar, V. Analysis of Status of Women Towards Sexual Harassment

Qazi, B. Z. (2022). Sexual Harassment Law in India: Thus Far And Further. Accessed on
Mar, 30