Vishakha V State of Rajasthan

Vishakha v State of Rajasthan
INTRODUCTION:
Banwari Devi, a social worker in a programme to stop child marriages,
stopped a chid marriage that was taking place in an influential Gujjar
family. While Banwari Devi did a commendable job despite protests
against her, the Gujjars were hell-bent on taking revenge. One
Ramakant Gujjar along with five of his men gang-raped her in a brutal
manner in front of her husband. Her subsequent attempt to file a police
case was met with apathy for a long time and once she succeeded in
doing so, she faced further stigma and cruelty
OBJECTIVE
The objective is to find
To examine the scope of exercising fundamental right by women
towards the freedom of sexual harassment at workplace.
To examine the scope of practicing sexual harassment in the workplace
is a violation of Fundamental Rights under Articles 14, 15 and 21 of the
Constitution
QUESTIONNAIRE
Do you think women are free from sexual harassment in the workplace
Do you think the gender equality is practised in the society
Do you think there is discrimination against women In the workplace
Are you aware of the rights against the sexual harassment enshrined in
constitution
How important is eradication of the culture of sexual harassment at
workplaces
HYPOTHESIS
Whether its Violation of fundamental rights of Bhanwari Devi guaranteed
under article 14,15,19(g) and 21 of Constitution of India?
Is it possible for the court to apply international laws in the absence of
applicable measures under existing law?
STATEMENT OF LEGAL PROBLEM
To examine the right of Bhanwar devi in workplace against sexual
harassment and whether it is protected under the article 14,15,19 of the
constitution
PREDICTION OF AN OUTCOME
The supreme court should guarantee sexual harassment undergone by
bhanwar devi at the workplace is a violation of Articles 14,
15, 19(1)(g) and 21 of the Constitution. Adding on, the supreme court
should fulfil the need for the legislation as there is a lacuna of
appropriate provision of law in the view of a safe working environment
for women.
COURT:
Supreme court of India
CASE NAME
VISHAKA AND OTHERS V STATE OF RAJASTHAN AND OTHERS
PETITIONER:
Visakha and others
RESPONDENT:
State of Rajasthan
CITATION:
(1997) 6 SCC 241
BENCH:
Chief Justice J.S. Verma, ,Justice Sujata V. Manohar,Justice B.N. Kirpal.
DATE OF JUDGEMENT:
13TH AUGUST 1997
NATURE OF CASE:
Criminal
FACTS OF THE CASE
Bhanwari Devi who was a social activist/worker in one of the Rajasthan’s
village.
- She worked under a social development program at rural level which
was about to stop child marriage in a village and this social program was
administered/ initiated by the Rajasthan’s state government
. - Bhanwari Devi en-devoured to stop the marriage of the Ramkaran
Gujjars (thakurs) daughter, who was merely less than one year old i.e.
she was an infant only.
- As a part of her duty, Bhanwari Devi tried to terminate the marriage of
her infant daughter.
- Even of her vain-full efforts to stop the marriage, it happened, but
Bhanwari devi was not excused or pardoned for her’s this fault.
She was exposed to or put forward to social punishment or boycott. -
September 1992, she was been gang raped by Ramkaran Gujjar and his
five friends in front of her husband.
- The male doctor at normal primary health center declined to survey her
and the doctor at Jaipur only made confirmation of her age without any
recommendation of her being raped in her medical report.
- At police station too she was been continually taunted by the women
countable for the whole of the midnight.
- In past midnight she was been asked by the policeman to leave her
lehnga as the evidence of that incident and go back to her village.
- After that, she was only left with the bloodstained dhoti of her husband
to wrap her body, as a result of which they had to spend there whole
night in that police station.
- The Trail Court made the discharge of the accused people for not being
guilty.
- The High Court in his judgement propounded that –“ it was a case of
gang rape which was conducted out of revengeful situation.
- All these statement and judgement, aroused women and NGO’S to file
pitition (PIL) in Supreme Court of India.
ISSUES
1. Whether sexual harassment at workplace amounts to violation of
the fundamental rights?
2. Whether sexual harassment at workplace amounts to violation of
the rights of gender inequality?
3. Whether the courts are entitled to use the international laws in
absence of any specific gender rights and gender inequality law?
4. Whether the employer possesses any responsibility for the sexual
harassment faced by its employees at the workplace?
Arguments For The Petitioners
The petitioner argued that the indecent acts of sexual harassment

of women at Workplace violate the fundamental rights contained
under Article14, 15, 19(1)(g) and 21 of the Constitution of India.
the petitioners drew attention of the Hon’ble court to the existing
loophole that the legislation has regarding the provision of a safe
working environment for women. They requested the Hon’ble
Court to frame guidelines for preventing sexual harassment at
Workplace.
Arguments For The Defendants
The Solicitor General appearing on behalf of the respondents did

something unusual. He supported the respondent. He assisted the
court in decoding the formula to build a structure for curbing out
sexual harassment and framing guidelines for preventing sexual
harassment at workplaces.
JUDGEMENT
The judgment of Vishakha's case was conveyed by Chief Justice

J.S Verma as a representative of Justice Sujata Manihar and
Justice B.N Kripal on account of writ petition which was file by
Vishakha the victim of this case. The court observed that the
fundamental rights under Article 14[2], 19[3](1)(g) and 21[4]of
Constitution of India that, every profession, trade or occupation
should provide safe working environment to the employees. The
main aim/objective of the Supreme Court was to ensure gender
equality among people and also to ensure that there should be no
discrimination towards women at there workplace.
The Court took reference from the international conventions to

proceed with the case. the provisions of the Convention on the
Elimination of All Forms of Discrimination against Women
(CEDAW). Article 11 (1) (a) & (f) prescribes the State to take
all appropriate measures to eliminate discrimination against
women in the field of employment. Article 24 states that the
State shall undertake to adopt all necessary measures at the
national level aimed at achieving the full realization.
The Supreme Court framed the guidelines to prevent sexual

harassment at the Workplace, known as Vishaka Guidelines.
CONCLUSION
The judgment of Vishaka & Ors vs State of Rajasthan led the
court to once again upheld the constitutional principles of equality
and liberty. The judgment brought a ray of hope among all the
women workers who were facing severe sexual violence,
harassment as well as gender inequality prevailing in the then
scenario. The true spirit of Judicial Activism has been portrayed in
the Vishaka Judgement.

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Vishakha V State of Rajasthan

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Vishakha v State of Rajasthan

Chief Justice J.S. Verma, ,Justice Sujata V. Manohar,Justice B.N. Kirpal.

Arguments For The Petitioners

The petitioner argued that the indecent acts of sexual harassment

Arguments For The Defendants

The Solicitor General appearing on behalf of the respondents did

The judgment of Vishakha's case was conveyed by Chief Justice

The Court took reference from the international conventions to

The Supreme Court framed the guidelines to prevent sexual

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