THE ROLE OF JUDICIARY IN PROMOTING WORKPLACE SAFETY: ANALYZING VISHAKA v. STATE OF RAJASTHAN
T. Roshini, Student, Chennai Dr.Ambedkar Government Law College Pudupakkam
INTRODUCTION
“A woman with a voice is, by definition, a strong woman.”
-Melinda Gates, philanthropist
Just like Melinda Gates, Malala Usufzai and other woman leaders who raise voice in favour of numerous women who weren’t heard similarly there was a lady who raise her voice against sexual harassment at the workplace it late 1990s and fought for it so that every women can work safely at they work places. The landmark judgement of Visaka v. State of Rajasthan by supreme court of India that established some guidelines to fight back sexual harassment in the workplace this case arose from a heneous gang rape of a social worker of Rajasthan Bhanwari Devi who was trying to prevent a child marriage, this assault underscored the need for legal protection again the sexual harassment at workplace. In the present scenario we have an appropriate legislation regarding the sexual harassment against woman at the work place 2013 to be claimed in instances of harassments, to safeguard women at workplace and to provide them a safe working environment. But back in 1990s
prior to this legislation have you ever thought what would be the scenario which is almost 1.5 decades before 2013? In the case of visaka v. the state of Rajasthan the petitioner demanded for some effective laws to curb sexual harassment at workplaces, as the absence of some effective law violated women constitutional rights. Under the collective banner of the vishaka a women’s right group filed a PIL in the Supreme Court for the enforcement of fundamental rights of working women under articles for 19,14 and 21 of the Indian constitution. In 1997 the supreme court aid down a landmark judgement recognising the sexual harassment as violation of human right and as a remedy the court issued vishaka guideline which are mandated employers to take proactive measures to insure a safe working environment. The Vishakha guidelines work as a framework until the enactment of Sexual Harassment of Women at workplace ( prevention prohibition and redressal) act in 2013 which codifies these principles into law. The Vishakha case marked An active movement in Indian legal history laying the foundation for gender justice in the workplace and informing the states obligation to protect women from sexual harassment there by framing their constitutional rights.
FACTS OF THE CASE
The Vishaka vs. State of Rajasthan case, decided in 1997, addressed the crucial issue of sexual harassment in the workplace in India. The case was sparked by the brutal gang-rape of Bhanwari Devi, a social worker in Rajasthan. Employed by the state government to combat child marriage, Bhanwari Devi faced severe backlash from the local community after attempting to prevent a child marriage in her village. On September 22, 1992, in retaliation for her actions, Bhanwari Devi was attacked and gang-raped by five men from the influential
Gujjar family. Despite promptly reporting the assault, she encountered significant obstacles:
delayed police action, improper medical examination, and a flawed investigation. The trial court’s subsequent acquittal of the accused in 1995, citing lack of evidence, incited widespread public outrage and underscored the systemic failures in addressing sexual violence. In response, a group of NGOs and women’s rights activists, collectively known as Vishaka, filed a Public Interest Litigation (PIL) in the Supreme Court of India. They argued that the absence of specific legal measures to address workplace sexual harassment violated women’s fundamental rights to equality, non-discrimination, and personal liberty under Articles 14, 15, 19, and 21 of the Indian Constitution.
On August 13, 1997, the Supreme Court issued the landmark Vishaka Guidelines. These guidelines provided a framework for preventing and addressing sexual harassment in the workplace, defining sexual harassment broadly and mandating the creation of Internal Complaints Committees (ICC) within organizations. They emphasized the employers responsibility to ensure a safe working environment and protect complainants from retaliation. The Vishaka Guidelines remained in effect until the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was enacted, codifying these protections into law. This case was pivotal in advancing womens rights and ensuring safer workplaces across India.
ISSUES PRESENTED IN VISHAKA VS. STATE OF RAJASTHAN
The Vishaka vs. State of Rajasthan case brought several critical issues to the forefront, addressing the systemic gaps in protecting women from sexual harassment at the workplace. The primary issues presented were:
1. Absence of Specific Legislation: The petitioners highlighted the lack of explicit legal provisions addressing sexual harassment in the workplace. This gap left women vulnerable and without clear avenues for redress.
2. Violation of Fundamental Rights: It was argued that the absence of appropriate legal measures violated women’s fundamental rights under the Indian Constitution, specifically Articles 14 (equality before the law), 15 (prohibition of discrimination),
19 (protection of certain rights regarding freedom of speech), and 21 (protection of life and personal liberty).
3. State’s Responsibility: The petitioners emphasized the state’s duty to uphold international conventions, particularly the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India ratified in 1993. The lack of legal safeguards against workplace sexual harassment was seen as a failure to meet these international obligations.
4. Need for Preventive Measures: The case underscored the necessity for preventive measures, such as awareness programs and internal mechanisms within organizations to handle complaints of sexual harassment, ensuring a safe working environment for women. These issues collectively stressed the urgent need for legal reforms to protect women’s rights and ensure their safety in workplaces across India.
JUDICIAL REASONING
19(1)(g) of the Constitution. Furthermore, the Court indicated few other provisions relevant,
in particular, Article 42 (Provision for Just and humane conditions of work and maternity relief) and 51A (Fundamental duties of the citizen). Secondly, the Court dealt with the application of international conventions in the absence of required Domestic Law. The court
highlighted that a relevant International Convention which is consistent with the fundamental rights as well in harmony within its scope can be applied for the promotion of the Object of the Constitutional guarantee as implied under the Article 51 (c) and Article 253 (Power of the Parliament to enact laws for the implementation of the International Conventions and Norms) read along with the Entry 14 under the Union List in the 7th Schedule of the Indian Constitution. In addition to this, the court also emphasized Article 73 (Extent of Executive power of the Union). Thirdly, the court acknowledged the need for guidelines to render Gender equality and emphasized the significance played by the International Convention and Norms as the very nature of protection of sexual harassment and right to work with dignity being universal.
The court envisaged the Beijing Statement of Principles of the Independence of the Judiciary in the LAWASIA region which sets the minimum standards required to be taken into account to ensure the Independence and effective functioning of the Judiciary. On moving forward with the problem at hand, the Court adverted to Articles 11 and 24 of the Convention on the Elimination of All Forms of Discrimination against Women. Subsequently, the Court relied on the cases of the High Court of Australia in Minister for Immigration and Ethnic Affairs v. Teoh and Nilabati Behera v. State of Orissa to reiterate the application of International Conventions for the better understanding of the fundamental rights explicit in the Constitution through the prism of gender equality.
JUDGMENT OF THE CASE: VISHAKA VS. STATE OF RAJASTHAN
The Supreme Court’s judgment in Vishaka vs. State of Rajasthan, delivered on August 13,1997, is a landmark decision that profoundly impacted the legal landscape concerning women’s rights and workplace safety in India. This judgment was pivotal in addressing the issue of sexual harassment at the workplace in the absence of specific legislation.
KEY ASPECTS OF THE JUDGMENT
1. Recognition of the Problem: The Court acknowledged the severity and widespread nature of sexual harassment in workplaces and the detrimental impact it has on the dignity, equality, and personal liberty of women. The Court stressed that such harassment was a clear violation of the fundamental rights guaranteed under Articles
14, 15, 19, and 21 of the Indian Constitution.
2. Need for Legal Framework: The Court highlighted the lack of existing legal provisions to effectively address and prevent sexual harassment at the workplace.
Recognizing this legislative void, the Court took upon itself the task of laying down guidelines to fill this gap until appropriate legislation was enacted.
3. Vishaka Guidelines: To provide immediate protection to women at the workplace, the Court formulated the Vishaka Guidelines. These guidelines were to be treated as law under Article 141 of the Constitution, making them binding and enforceable in all workplaces.
4. The key components of the Vishaka Guidelines include: Definition of Sexual Harassment: Sexual harassment was broadly defined to include physical contact and advances, demand or request for sexual favors, sexually colored remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
5. Preventive Measures: Employers were required to take proactive steps to prevent sexual harassment. This included ensuring awareness of the rights of female employees and the consequences of sexual harassment through workshops and training programs.
6. Internal Complaints Committee (ICC): Every workplace, whether in the public or private sector, with more than ten employees, was mandated to establish an ICC to address complaints of sexual harassment. The committee was to be headed by a woman and include external members from NGOs or other organizations familiar with the issue of sexual harassment.
7. Redressal Mechanism: The guidelines laid down a clear procedure for filing complaints and conducting inquiries. The ICC was empowered to recommend action against the perpetrator, including disciplinary measures, and ensure protection against retaliation for complainants and witnesses.
8. Confidentiality and Sensitivity: The Court emphasized maintaining confidentiality throughout the complaint process to protect the privacy and dignity of the complainant.
9. Employer’s Responsibility: The judgment underscored the employers responsibility to provide a safe working environment and to implement the guidelines in letter and spirit. Failure to do so would make the employer liable for action.
10. State and Judicial Responsibilities:The Court directed the central and state governments to consider the Vishaka Guidelines while enacting new legislation. It also called upon the judiciary to ensure adherence to these guidelines in cases of sexual harassment until formal laws were established.
IMPACT AND LEGACY
The Vishaka judgment was revolutionary in several ways:
1. Immediate Relief: The guidelines provided immediate protection to women in workplaces across India, addressing a critical gap in the legal framework.
2. Foundation for Legislation: The judgment laid the groundwork for the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, which codified the Vishaka Guidelines into law.
3. Judicial Activism: The case is a prime example of judicial activism where the Court
stepped in to protect fundamental rights in the absence of legislative action.
4. Awareness and Sensitization: The judgment significantly raised awareness about sexual harassment and its implications, leading to greater sensitization and changes in
workplace policies and culture.
CRITICAL APPRAISAL OF CASE
The Vishaka vs. State of Rajasthan judgment is a landmark case in the fight against workplace sexual harassment in India, showcasing the Supreme Court’s proactive stance in addressing legislative gaps. The Court’s issuance of the Vishaka Guidelines filled a crucial void, providing an immediate and comprehensive framework to protect women at work. These guidelines defined sexual harassment broadly, mandated the creation of Internal Complaints Committees (ICC), and emphasized preventive measures, significantly advancing womens rights to a safe working environment. However, the implementation of these guidelines has faced challenges. Many workplaces, especially in the informal sector, have struggled to establish functional ICCs and adequately sensitize employees about sexual harassment, leading to inconsistent application. The guidelines also lacked a robust enforcement mechanism, limiting their effectiveness as there were no explicit penalties for non-compliance. This gap highlighted the judiciary’s limitations in ensuring adherence without legislative backing. Moreover, the 16-year delay in codifying the guidelines into law underscores a significant legislative lag, leaving many women unprotected during this period. Critics also argue that the judiciary overstepped by creating de facto legislation, raising questions about the appropriate limits of judicial power in a democracy. Additionally, the focus on formal workplaces overlooked the vast informal sector, where many women continue to face harassment without adequate protection. Despite these shortcomings, the Vishaka judgment initiated a cultural shift towards recognizing and addressing sexual harassment in India. It brought the issue into public discourse, increased awareness, and set a precedent for judicial intervention in protecting fundamental rights. The case laid the groundwork for the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, and remains a pivotal moment in advancing gender equality and workplace safety in India.
CONCLUSION
The Vishaka vs. State of Rajasthan case stands as a watershed moment in India legal history, catalyzing significant strides towards addressing workplace sexual harassment. The Supreme Court’s issuance of the Vishaka Guidelines in 1997, followed by the enactment of the Sexual Harassment of Women at Workplace Act in 2013, laid a strong foundation for protecting women’s rights and fostering safer work environments across the country. The Vishaka judgment not only defined sexual harassment and mandated preventive measures but also empowered women by providing them with formal mechanisms to report incidents and seek redressal. It sparked crucial cultural shifts, raising awareness about gender-based violence and promoting discussions on gender equality in workplaces. This has led to increased accountability among employers, heightened sensitivity towards harassment issues, and improved workplace policies aimed at prevention and support. However, challenges such as uneven implementation, particularly in smaller organizations and informal sectors, persist. There is a continued need for robust enforcement, comprehensive training, and enhanced support systems to ensure the effective implementation of the law and to address barriers to reporting. Looking ahead, the legacy of the Vishaka case underscores the importance of judicial activism in protecting fundamental rights and advocating for social justice. It serves as a beacon for ongoing efforts to strengthen legal protections, promote gender equality, and create workplaces where all individuals can thrive free from harassment and discrimination. As India navigates future challenges in this area, the principles established by the Vishaka judgment will remain pivotal in shaping policies and practices that uphold the dignity and rights of every worker in the country.