Case Brief: Vishakha v. State of Rajasthan | Important Acts and Laws for Judiciary Exams PDF Download

Case Citation

• AIR 1997 SC 3011: 1997 (5) SCALE 453: (1997) 6 SCC 241: (1997) SUPP 3 SCR 404
• Judges: J. S Verma, C.J, Mrs Sujata, V. Manohar and B.N Kirpal, JJ.
• Date of Decision: 13/08/1997
• Topic: Sexual Harassment at Workplace Amounts to Violation of Rights of Gender Inequality and Right to Life and Liberty

Facts of Vishakha v. State of Rajasthan

This writ petition highlighted the issue of gender inequality and sexual harassment of working women. It aimed to address these issues by enforcing Fundamental Rights under the Indian Constitution. The petition was filed in response to a brutal gang rape incident involving a social worker in Rajasthan.

Issue

The key question was whether guidelines and norms to prevent sexual harassment of working women constitute law under Article 14 of the Indian Constitution.

Judgement of Vishakha v. State of Rajasthan

• The right to carry on any occupation, trade, or profession under Article 19 is contingent upon having a safe working environment. The right to life implies living with dignity.
• It is the primary duty of the Legislature and the Executive to ensure safety and dignity through appropriate legislation and the establishment of an enforcement mechanism.
• The Fundamental rights enshrined in the Constitution are broad enough to encompass gender equality, including the prevention of sexual harassment and abuse.
• Gender equality comprises protection from sexual harassment and the right to work with dignity, acknowledged globally as a fundamental human right.
• Several constitutional provisions, such as Article 14, Article 19(1)(g), and Article 21, along with Article 51(1), Article 15(3), Article 42, Article 51A(a), and Article 51(c), are pertinent to this issue.

Held

• Sexual harassment of women in the workplace is a violation of their fundamental rights under Article 14, Article 15, and Article 21.
• Victims of sexual harassment can seek remedy under Article 32, the right to constitutional remedies, allowing them to file a writ petition directly regarding the violations they have experienced.