VISHAKA VS STATE OF RAJASTHAN : CASE SUMMARY
The Supreme Court in Vishaka Vs. State of Rajasthan (1997) Supp 3 SCR 404 held that sexual harassment of women at workplace violates Fundamental Right to “gender equality” and “right to life and liberty” under Article 14, 15 and 21.
FACTS OF THE CASE
A social worker was brutally gang raped in a village of Rajasthan. The incident revealed the hazards to which a working woman may be exposed and the depravity to which sexual harassment can degenerate and the urgency for safeguards by an alternative mechanism in the absence of legislative measures.
Some social activists and NGO filed Writ Petition for enforcement of Fundamental Rights of working women under Article 14, 19 and 21.
FINDINGS OF THE SUPREME COURT
The Supreme Court observed that every such incident is violative of Fundamental Right to “gender equality” and Right of Life and Liberty under Article 14, 15 and 21 of the Constitution. One of the logical consequences of such an incident is also violation of victim’s Fundamental Right under Article 19 (1) (g) to practice any profession or to carry out any occupation, trade and business.
The Supreme Court observed that gender equality includes protection from sexual harassment and right to work with dignity which is a universally recognized basic human right. In absence of domestic law occupying the field, the contents of International Conventions and norms are significant for the purposes of interpretation of the guarantee of gender equality.
The Supreme Court noted that Article 11 of Convention on the Elimination of All Forms of Discrimination against women provides that the right to work is an alienable right of all human beings. At the Fourth World Conference on women in Beijing, India has also made an official commitment, inter alia, to formulate and operationalize a national policy on women which will continuously guide and inform action at every level and in every sector, to set up a Commission of Women’s Rights to act as a public defender of women’s human rights, to institutionalize a national level mechanism to monitor the implementation of the Platform for Action.
The Supreme Court observed that the meaning and content of the Fundamental Rights guaranteed in the Constitution of India are of sufficient amplitude to encompass all the facets of gender equality including prevention of sexual harassment of abuse. The international conventions and norms are to be read into them in the absence of enacted domestic law occupying the field when there is no inconsistency them.
The Supreme Court laid down several guidelines for protection of women at workplaces under Article 141 of the Constitution. It includes the duty of the employer or other responsible person in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.