In a landmark case that marked a significant step towards empowering women in the workplace, the Vishakha case brought to light the issue of sexual harassment at the workplace and laid the foundation for guidelines to prevent and address such incidents.
The case dates back to 1997, when a social worker named Bhanwari Devi was gang-raped by five men in Rajasthan as punishment for trying to stop a child marriage. Despite her courageous act, the case was dismissed by the courts due to lack of evidence. This incident sparked outrage and led to the formation of Vishakha, a women’s rights organization in Rajasthan.
Vishakha, along with several other women’s rights organizations, filed a Public Interest Litigation (PIL) in the Supreme Court of India seeking guidelines to prevent sexual harassment of women at the workplace. The court took cognizance of the issue and in 1997, delivered a historic judgment in the Vishakha v. State of Rajasthan case.
The Supreme Court, in its judgment, recognized sexual harassment as a violation of the fundamental rights of women guaranteed under Articles 14, 15, and 21 of the Indian Constitution. The court laid down guidelines known as the Vishakha Guidelines, which defined sexual harassment, outlined preventive measures, and provided a mechanism for redressal of complaints.
The Vishakha Guidelines mandated that every employer must provide a safe working environment for women, conduct awareness programs on sexual harassment, and set up internal complaints committees to address grievances. The guidelines also emphasized the importance of sensitizing employees and creating a conducive work culture that respects the dignity of women.
The Vishakha case was a watershed moment for women’s rights in India, as it brought the issue of sexual harassment at the workplace to the forefront and established a legal framework to address it. The case not only empowered women to speak out against harassment but also compelled organizations to take proactive steps to prevent and address such incidents.
Over the years, the impact of the Vishakha case has been far-reaching, with many organizations implementing anti-sexual harassment policies and setting up internal complaints committees to ensure a safe and harassment-free work environment for women. The case also paved the way for the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in 2013, which further strengthened the legal framework for addressing sexual harassment at the workplace.
As we look back at the Vishakha case, it serves as a reminder of the importance of empowering women and creating a workplace that is free from discrimination and harassment. It is a testament to the power of collective action and advocacy in bringing about positive change for women’s rights. The legacy of the Vishakha case continues to inspire women to assert their rights and demand equality and respect in the workplace and beyond.