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Presentations Vishaka

The Vishaka vs. State of Rajasthan case (1997) was a landmark Supreme Court judgment addressing the lack of legal protections against sexual harassment in the workplace, following the gang-rape of social worker Bhanwari Devi. The case led to the establishment of the Vishaka Guidelines, which aimed to safeguard women's rights and ensure a dignified working environment until the Sexual Harassment of Women at Workplace Act was enacted in 2013. This ruling underscored the necessity for legal frameworks to protect women and highlighted the judiciary's role in addressing gaps in legislation.

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26 views5 pages

Presentations Vishaka

The Vishaka vs. State of Rajasthan case (1997) was a landmark Supreme Court judgment addressing the lack of legal protections against sexual harassment in the workplace, following the gang-rape of social worker Bhanwari Devi. The case led to the establishment of the Vishaka Guidelines, which aimed to safeguard women's rights and ensure a dignified working environment until the Sexual Harassment of Women at Workplace Act was enacted in 2013. This ruling underscored the necessity for legal frameworks to protect women and highlighted the judiciary's role in addressing gaps in legislation.

Uploaded by

Rajdeep pal Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Vishaka and State of

Rajasthan (1997):
Vishaka and Ors. v.
State of Rajasthan and
Ors., AIR 1997 SC
3011V

Presentation by : Mina Bishnoi , Khanak Gupta


Raghav Tibrewal , srimayi Iyer
Nilay Verma , Lavanya Mehta
Index
 Introduction
 Background
 Legal issues raised
 Supreme Court’s intervention
 Vishaka guildelines
 Key provisions in the guildelines
 The Sexual harassment of Women at
Workplace (Prevention, Prohibition and
redresal) act 2023
 Criticisms and challenges
 Women’s current issues in 21st century
 Conclusion
Introduction

 The Vishaka vs. State of Rajasthan case is a landmark


judgment delivered by the Supreme Court of India in 1997. It
arose out of the brutal gang-rape of Bhanwari Devi, a social
worker in Rajasthan, who was assaulted while trying to
prevent child marriage. At the time, India lacked any specific
legal framework addressing sexual harassment at the
workplace.This case was pivotal because it led to the
formation of the Vishaka Guidelines, which were a set of
judicial guidelines aimed at protecting women from sexual
harassment in workplaces across India. The guidelines filled
the legislative void until the enactment of The Sexual
Harassment of Women at Workplace (Prevention, Prohibition,
and Redressal) Act, 2013.This judgment stands as a significant
step in ensuring gender equality, workplace safety, and the
right to a dignified working environment for women.
Background

 In the early 1990s, Bhanwari Devi, a social worker in Rajasthan, was part of a
government campaign to stop child marriages in rural India. As part of her duties, she
attempted to prevent the marriage of a one-year-old girl in a local village. In
retaliation for her efforts, she was brutally gang-raped by upper-caste men in 1992.
 Despite the attack, the local police, courts, and society failed to take strong action
against the perpetrators, highlighting the lack of justice for women facing sexual
violence. This event brought attention to the absence of laws protecting women from
sexual harassment and assault, particularly in the workplace.
 In response, Vishaka, a women's rights group, along with other organizations, filed a
Public Interest Litigation (PIL) in the Supreme Court of India. The PIL emphasized the
lack of specific legal provisions to protect women in the workplace, thereby violating
their fundamental rights under the Indian Constitution.
 This case led to the Supreme Court issuing a historic ruling that created a framework
for addressing sexual harassment in the workplace, filling the gap until
comprehensive legislation was passed. The Vishaka Guidelines became a significant
step toward protecting women's rights in India.
Legal Issues Raised in Vishaka vs
State Of Rajasthan
 Absence of Specific Legislation: At the time of the incident, there was no law in India
specifically addressing sexual harassment at the workplace.This raised the need for legal
provisions to protect women from harassment in professional environments.
 Violation of Fundamental Rights:The petition argued that sexual harassment at the
workplace violated the fundamental rights of women, specifically: - Article 14: Right to
equality before the law. - Article 15: Prohibition of discrimination on the grounds of sex.
- Article 19(1)(g): Right to practice any profession or to carry on any occupation, trade,
or business. - Article 21: Right to life and personal liberty, which includes the right to
live with dignity.
 Failure to Ensure a Safe Working Environment: The State's failure to provide a safe
working environment for women was seen as a breach of its constitutional duty. The case
highlighted the employer's responsibility to ensure the safety and dignity of women at
the workplace.
 Judicial Activism in the Absence of Legislation: The case raised the issue of the
Supreme Court's intervention in creating guidelines (Vishaka Guidelines) to fill the
legislative gap until a law could be enacted. This brought into focus the role of the
judiciary in protecting citizens' rights in the absence of formal laws.
 Need for Employer Accountability:The petition called for employers to be held
accountable for preventing and addressing sexual harassment at the workplace, which

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