FACULTY OF LAW

UNIVERSITY OF DELHI

LAW OF CRIMES

TOPIC- SEXUAL HARRASMENT AT WORKPLACE

(VISAKHA v. STATE OF RAJASTHAN (1997) 6 SCC 241

SUBMITTED BY: SUBMITTED TO:

SHAMBHAVI SUMAN PROF. ALOKA SHARMA
20231003 ASST. PROFESSOR OF LAW
SEMESTER-III UNIVERSITY OF DELHI
The research paper focuses on sexual harassment at workplace with main focus on the
gruesome case of Vishaka v. State of Rajasthan, 1997. In this case, a woman named Bhanwari
Devi raised her voice against an illegal and immoral act that was about to take place at her
workplace. She was mercilessly gang-raped by five men. The supreme court while dealing
with the above case, dealt with the issue of sexual harassment of a woman at workplace and
also formulated a set of guidelines.

Background of the case:

Vishaka is a Non- governmental organisation(NGO) in the state of Rajasthan which works for
upliftment and welfare of the women. A lady named Bhanwari Devi was working as a
community worker in order to promote women empowerment and their safety by organising
various campaigns against child marriage and dowry. In the year 1992 you are stopping a
child marriage that was happening in a family she was brutally gang raped by a group of men
belonging to the village in Rajasthan. The case1 went to the lower court and the court
acquitted the accused persons on the basis of lack of proper evidence. Aggrieved by the
judgement a group of women filed a PIL public interest litigation under Article 32 of the
Indian constitution before the honourable Supreme Court against the State of Rajasthan for
seeking the appropriate remedy. The said PIL was filed to put forward the unnoticed issue of
sexual harassment that was being witnessed by the women at the workplace.

Issues raised in the case:

- Whether the decision given by the trial Court in the said case is violative of Bhanwari
Devi’s fundamental rights guaranteed to her within Article 14,15, 19(1)(g) and 21 ?
- Whether the court could apply international laws in the absence of applicable
measures under the existing?
- Whether the employer has any responsibility when sexual harassment is done to/by its
employees ?

Observations made by Supreme Court:

The Supreme Court in this case observed that according to Article 14 2, Article 193 and
Article 214 of the Constitution of India every trade, profession, occupation should be
safe for working. It was held that women have fundamental right towards the freedom
of sexual harassment at workplace. The Supreme Court also well-defined the
definition of Sexual Harassment. The main objective was to make a gender equal
environment at workplace for the woman and provide them safe working experience.
The court issued various important guidelines for employees to follow them and avoid
sexual harassment of women at workplace and suggested to have proper techniques
for the implementation of cases where there is sexual harassment at workplace. The

1
Aman Srivastava, Vishaka & Ors. vs. State of Rajasthan & Ors. (1997), iPLEADERS (Aug. 10,
2020), https://blog.ipleaders.in/vishaka-ors-vs-state-of-rajasthan-ors-1997/.
2
INDIA CONST. art. 14.
3
INDIA CONST. art. 19.
4
INDIA CONST. art. 21.
 Supreme Court also issued guidelines to impose penalties on the wrongdoers in this
regard.

Significance of the Case:

The case of Vishaka v. State of Rajasthan(1997) 5 is a significant ruling where the Supreme
Court implemented various guidelines in order to protect the women from the acts of sexual
harassment that happen at the workplace. It is considered as a milestone case because it paved
the way for implementation of the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal), Act, 2013 6 which is the first legislation that deals with the
protection of women from sexual harassment at the workplace. This case has paved way for
many women to seek justice against the acts of sexual harassment faced by them at their
workplace. Vishaka guidelines was implemented to protect many women like Bhanwari Devi
who were denied justice, with the implementation of Vishaka guidelines. There are various
reasons due to which women do not file complaints because of the fear of social stigma, male
dominance, etc. The above mentioned guidelines 7 has created a safe environment for women
to work freely and raise awareness about the rights of women that need to be protected. The
court acknowledged the active participation of women at workplace and its need for
advancement of the country.

Vishaka Guidelines:
The court relied on an international human rights law instrument, the Convention on the
elimination of all forms of discrimination against Women(CEDAW), 2 stablish guidelines
known as the Vishaka guidelines8. The guidelines addressed the workplace hazards faced by
women and emphasise that the employer must ensure the safety of their employees and others
affected by their business the court also stated that such incidents violate the fundamental
rights of gender equality and their right to life and liberty as guaranteed under article 14, 15
and 21 of the constitution consequently the court issued a writ of mandamus and provided
specific directions for prevention, which includes:
- It shall be the duty of the employer or other responsible persons in workplaces or
other institution to prevent sexual harassment and to provide for the resolution and
settlement mechanism
- The court defined what constitutes sexual harassment. Sexual harassment includes
such unwelcome sexually determined behaviour (whether directly or by implication)
as: Physical Contact and advances; a demand or request for sexual favours; sexually
5
Vishaka v. State of Rajasthan, (1997) 6 S.C.C. 241 (India).
6
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, No. 14 of 2013,
India.
7
Ishwar Singh Rathore & Medhansh Mishra, Study on Sexual Harassment of Women at Workplace in India, 2
INT’L J. LEGAL SCI. & INNOVATION 231 (2020).
8
Ungender, Everything You Need to Know About Vishaka Guidelines, UNGENDER (Feb. 2,
2024), https://www.ungender.in/here-is-everything-you-need-to-know-about-vishaka-guidelines/.
 coloured remarks; showing pornography; showing pornography; any other
unwelcome physical verbal or non-verbal conduct of a sexual nature.
- All employers should take appropriate steps to prevent sexual harassment at
workplace by inculcating appropriate steps such as expressed prohibition of sexual
harassment at the workplace should be notified and published in appropriate ways.
The rules and regulations of government and public sector bodies relating to conduct
and discipline should include prohibition of sexual harassment. In private sectors
employer should take steps to include the aforesaid prohibitions in this standing order
under the Industrial Employment(Standing Orders) Act of 1946 9. Appropriate work
condition should we provided with respect to work leisure health and hygiene to
ensure no hostile environment towards women at workplace.
- Child take appropriate action if any such behaviour by the perpetrator falls under the
Indian Penal Code the employer should file or assist the aggrieved in filing the
complaint with the appropriate authority. Most importantly the employer shall ensure
that the aggrieved or the witnesses are not victimised or discriminated against.
- Disciplinary action should be initiated by the employer where any behaviour amounts
to misconduct under the code of conduct or service rules.
- An appropriate complaint mechanism should be created in the employers’
organization for effective redressal of any complaints and such complaint redressal
mechanism should ensure that timely resolution of complaints.
- The complaint mechanism referred above should be adequate to provide a complaints
committee koma special counsellor or any other support services including the
maintenance of confidentiality of such complaints. The complaint committee should
be headed by women and half of its members should we women and such complaint
committee should also involve a third party either an NGO or other bodies who are
familiar with the issue of sexual harassment. The committee must also prepare an
annual report including number of complaints received an action taken by them and
search report shall we submitted to the government department concerned.
- Awareness of the rights of female employees in this regard should be created in
particular by notifying the guidelines
- when the perpetrator of sexual harassment is a third party or an outsider the employer
and the person in charge shall take steps necessary and reasonable to assist the
aggrieved in terms of support and preventive action.
- The central and state government is requested to consider adopting measures
including legislation to ensure that the guidelines laid down by the court are also
observed by the employers in the private sector.

Conclusion

9
Industrial Employment (Standing Orders) Act, No. 20 of 1946, India.
The fundamental rights of equality and personal liberty should be protected and the citizens
of our country should not be discriminated against on any grounds. Hence it is illegal as well
as a moral duty to provide a safe work environment for women to prosper. The 1997 Vishaka
case10 set a crucial precedent for sexual harassment laws in India, following the assault of
Bhanwari Devi. The Supreme Court established the Vishaka Guidelines to prevent and
address sexual harassment in workplaces. These guidelines, implemented unevenly at first,
were later codified into the 2013 Sexual Harassment of Women at Workplace Act. The Act
mandates clear procedures, such as the formation of Internal Complaints Committees (ICCs)
and Local Complaints Committees (LCCs), and penalties for non-compliance. Despite
progress, challenges like underreporting, lack of awareness, and poor implementation persist,
particularly in small businesses. Strengthening awareness, training, and victim support
systems, along with targeted interventions for the informal sector, are necessary to improve
outcomes and ensure women's safety in workplaces. Despite the Supreme Court's 1997
judgment and the 2013 PoSH Act11, sexual harassment at the workplace remains a persistent
issue in India. Many workplaces, including 16 of the country’s 30 national sports federations,
lack Internal Complaints Committees (ICCs). Movements like #MeToo have empowered
more women to speak up, but their voices are often silenced by negligence, lack of action, or
political influence. High-profile cases, such as those involving politicians or sports
authorities, demonstrate the systemic obstacles women face in seeking justice, highlighting
the need for stronger enforcement of the laws.

10
Outlook India, Explained: 25 Years After Vishaka Guidelines, Are Women At Workplace Safe from Sexual
Harassment (July 20, 2023), https://www.outlookindia.com/national/explained-25-years-after-vishaka-
guidelines-are-women-at-workplace-safe-from-sexual-harassment-news-300079.
11
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, No. 14 of
2013, Gazette of India, Extraordinary, Part II, Sec. 1 (2013).