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Vishaka & Ors. v. State of Rajasthan (1997)
« »31-Jul-2024
Introduction
In this case guidelines were issues against any act of sexual harassment against women at workplace.
Facts
- In this case, Bhanwari Devi, an activist who worked to prevent child marriages in Rajasthan, went to stop the marriage of an infant girl child.
- The infant girl child was the daughter of Ramkaran Gujjars who brutally raped Bhawari Devi along with his friends in front of her husband.
- The police also did not cooperate with Bhawari Devi and harassed her while taking complaint.
- The Trial Court discharged the accused for not being guilty.
- When appealed to the High Court, the court held that the case is of Gang rape for the purpose of revenge.
- The case led to filing of various Public Interest litigations by NGOs and activists in the Supreme Court.
Issue Involved
- Whether enactment of guidelines is essential to curb the menace of sexual harassment at workplace?
Observations
- The Supreme Court in this case observed that as per Article 14, Article 19 and Article 21 of the Constitution of India every trade, profession, occupation should be safe for working.
- The Supreme Court 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 of the Supreme Court was to make a gender equal environment at workplace for the woman and provide them safe working experience.
Conclusion
- The Supreme Court issued various important guidelines for the employees to follow them and avoid sexual harassment of women at workplace. The court also suggested to have proper techniques for the implementation of cases where there is sexual harassment at workplace.
- The Supreme Court also issued guidelines to impose penalties on the wrongdoers in this regard.