State of Rajasthan

Versus

Vishakha

AIR 1997 SUPREME COURT 3011

Provisions Involved

Article 14,19 and 21 of the Constitution of India

Facts

Bhanwari Devi, a social activist who was working under the rural program against the child marriage initiated by the State of Rajasthan was brutally gang-raped by a group of Gujjars in September 1992. After she decided to lodge a complaint against the culprits, the Trial Court along with the High Court found the accused not guilty and acquitted them stating the reason that the semen traces found on the victim’s body did not match with the person alleged to rape. A PIL was filed by women along with the victim Vishakha as the main character. This was the case which revolutionised the entire approach towards the offence of'sexual harassment ' and safeguarded the rights of women. . Later, in 2001,Neerja Bhalot memorial award was honoured to Bhanwari Devi for her outstanding courage. This case was a wave of outrage throughout the country by which the NGO’s and government also stood by later.

Issues

Whether the enactment of guidelines mandatory for the eradication of sexual harassment of women at workplace.

Observations

Held

The Supreme Court held that, women have fundamental right towards the liberty of harassment at workplace. It also suggests various important guidelines for the workers to follow them and avoid harassment of girls at workplace. The court also suggested to possess proper techniques for the implementation of cases where there's harassment at workplace. 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 the workplace.