Vishaka v. State of Rajasthan is related to what?
Vishaka v. State of Rajasthan (1997) is related to sexual harassment of women at the workplace.
In this landmark judgment, the Supreme Court:
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Recognized sexual harassment as a violation of Fundamental Rights under Articles 14, 15, 19, and 21.
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Laid down the Vishaka Guidelines to prevent and address sexual harassment at workplaces (until a law was enacted).
These guidelines later formed the basis of the POSH Act, 2013 (Prevention of Sexual Harassment Act).
Vishaka v. State of Rajasthan is a landmark 1997 Supreme Court of India case related to sexual harassment of women at the workplace. The case arose after Bhanwari Devi, a social worker in Rajasthan campaigning against child marriage, was gang raped in retaliation for her efforts. The case exposed the lack of specific legal provisions addressing sexual harassment in India.
The Court, in this case, recognized sexual harassment at the workplace as a violation of fundamental rights guaranteed under Articles 14 (right to equality), 15 (prohibition of discrimination), 19(1)(g) (right to practice any profession), and 21 (right to life and personal liberty with dignity) of the Indian Constitution. The judgment led to the formulation of the “Vishaka Guidelines,” which laid down procedural safeguards and responsibilities for employers to prevent sexual harassment at work. This case marked a significant step for women’s rights and workplace safety in India, filling a legal vacuum until the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was enacted in 2013.
