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State Of Rajasthan Vs. Vishakha: Pioneering Women's Rights And The Power Of Pil In India Leading To The Formation Of Vishakha Guidelines.

Saurabh Uttam Kamble ,
  28 July 2023       Share Bookmark

Court :
Hon’ble Supreme Court of India
Brief :

Citation :

Case title:

Vishaka & Ors. Vs. State of Rajasthan & Ors.

Date of Order:

13/08/1997

Bench:

CJI, SUJATA V. MANOHAR, B. N. KIRPAL

Parties:

Petitioner: Vishaka & Ors

Respondent: State of Rajasthan & Ors.

OVERVIEW

  • This Writ Petition has been submitted to uphold the fundamental rights of employed women in India as guaranteed under Articles 14, 19, and 21 of the Constitution. 
  • It addresses the prevailing issue of rights violations that are unfortunately not uncommon in society. 
  • The growing awareness and focus on gender justice have led to increased efforts to combat such violations, particularly incidents of sexual harassment, which are also on the rise.
  • The petition is a collective action initiated by social activists and NGOs who aim to draw attention to this societal problem and help establish practical methods to achieve genuine gender equality. 
  • Its primary objective is to prevent sexual harassment of working women across all workplaces through legal means, bridging the gap in the existing legislation.
  • The immediate trigger for filing this petition was a horrific incident of alleged gang rape against a social worker in a Rajasthan village. 
  • While details of the incident are subject to a separate criminal case, it highlights the dangers faced by working women and the depths to which sexual harassment can descend. It emphasizes the need for an alternative safeguarding mechanism in the absence of sufficient legislative measures to protect working women.
  • In essence, the petition seeks to bring about tangible change in society by addressing the urgent social need for safeguarding the rights and dignity of working women and ensuring their protection against sexual harassment.

ISSUES RAISED

Whether or not rules against sexual harassment of women at work should be made mandatory.

JUDGEMENT ANALYSIS

  • Supreme Court held that the ability to engage in any occupation, trade, or profession is contingent upon having a secure and safe working environment. 
  • The right to life includes the right to live with dignity. 
  • The primary responsibility for ensuring such safety and dignity through appropriate legislation and the establishment of an enforcement mechanism lies with the legislative and executive branches of the government. 
  • However, in cases where instances of sexual harassment violate the fundamental rights of women workers as protected under Articles 14, 19, and 21, and are brought before us for resolution under Article 32, it becomes necessary to establish specific guidelines for safeguarding these rights, filling the gaps in the existing laws.
  • Public Interest Litigation, or PIL, is a legal mechanism that allows individuals or organizations to bring issues of public interest before the court on behalf of the affected parties, even if the petitioner is not directly involved in the matter. 
  • PIL is an essential tool for empowering the marginalized and underprivileged sections of society who may not have the means or resources to access justice.
  • The concept of PIL was introduced by the Indian judiciary in the 1980s to expand the scope of legal remedies beyond traditional litigation and enable the court to address systemic issues that affect the public at large. 
  • PILs have been instrumental in seeking redressal for various social and environmental issues, including women's rights, child labor, environmental protection, and more.

PIL with the Vishakha Case

  • The State of Rajasthan vs. Vishakha case is a perfect example of how PIL can be effectively used to champion the rights of marginalized groups and drive meaningful change in society. 
  • The PIL filed by women's organizations brought to the forefront the pressing issue of sexual harassment at the workplace, which had long been overlooked and ignored.
  • Through the PIL, the petitioners urged the court to interpret and enforce the fundamental rights enshrined in the Indian Constitution, such as the right to equality (Article 14), the right to life and liberty (Article 21), and the right to work with dignity (Article 19). 
  • The case sought to establish that sexual harassment violated these constitutional rights and demanded that employers and institutions take preventive measures to curb such misconduct.

The Court's Ruling and its Impact

  • In 1997, the Supreme Court delivered its landmark judgment in the Vishakha case, which laid down the foundation for preventing and addressing sexual harassment at the workplace. 
  • The court recognized sexual harassment as a violation of fundamental rights and relied on international conventions, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to define sexual harassment comprehensively.
  • The court's ruling led to the formulation of guidelines known as the "Vishakha Guidelines," which employers and institutions were required to implement to create a safe and inclusive work environment for women. 
  • The guidelines included setting up Internal Complaints Committees (ICCs) to address complaints, conducting awareness programs, and taking prompt action against perpetrators.
  • The Vishakha case and its outcome significantly impacted the legal landscape and workplace dynamics in India. It not only empowered women to come forward and report instances of harassment but also sensitized employers to their responsibilities in curbing such behavior. 
  • The case marked a crucial step forward in ensuring gender justice and equality in the country.
  • The Legacy of the Vishakha Case and Ongoing Challenges
  • The State of Rajasthan vs. Vishakha case remains an enduring symbol of the power of PIL in advancing women's rights. It paved the way for other PILs addressing gender-based issues, including the right to equal pay, maternity benefits, and representation in decision-making roles. 
  • The case's legacy has been instrumental in shaping subsequent legislation, such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.
  • Despite these progressive measures, challenges persist. Implementation of guidelines and laws remains uneven across various workplaces, especially in rural areas. 
  • Many women still face barriers to accessing justice due to societal stigma, lack of awareness, and fear of retaliation. It is essential for society, employers, and the government to continue their efforts to create an inclusive and safe environment for women.

Conclusion

  • The State of Rajasthan vs. Vishakha case stands as a testament to the power of Public Interest Litigation in driving social change and protecting the rights of the marginalized. 
  • Through PIL, Vishakha and other women's organizations were able to bring attention to the pervasive issue of sexual harassment at the workplace and seek justice for Bhanwari Devi and countless other women facing similar atrocities.
  • The case's landmark judgment and the subsequent Vishakha Guidelines played a pivotal role in changing the narrative surrounding workplace harassment, emphasizing the importance of gender equality and women's empowerment. 
  • However, much work remains to be done to ensure that the principles laid down in the Vishakha case are effectively implemented and that women can work and live without fear of harassment.
  • As society progresses, PIL will continue to be an indispensable tool in challenging existing norms and advocating for the rights of those who are often silenced. 
  • The Vishakha case serves as an inspiring reminder of how one PIL can spark a movement that transforms the lives of millions and shapes a more just and equitable society for all.
     
 
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