Author Details:-
Rudra Mahendra Lad
2nd year LLB
University of Mumbai.
Introduction
The case Vishakha vs. the State of Rajasthan, (1997) a landmark judgment emphasizes women’s suppressed rights and the roadmap toward women’s empowerment. Mainly it focuses on protecting women’s rights in the workplace. In this case, a lady named Bhanwari Devi a social worker from Rajasthan, suffered from gang rape just because she was fighting against child marriage in the caste of the gujar family. Bhanwari Devi was the first lady who tried to fight in her village against inadequate women’s rights vehemently where child harassment usually goes unreported and overlooked. For an overview, in this case, the PIL was filed by a group of people in the Supreme Court of India to safeguard women’s rights in the workplace. In respect of no any regarding laws for women and unsatisfactory evidence on the case leaves the judiciary to decide the acquittal of the accused. Considering that there are no laws related to this issue, the judgment addressed this issue and led to the Vishakha Guidelines. These guidelines were really excellent for protecting women at the workplace and safeguarding the women’s space at the workplace, especially with the time they enacted the act for this matter which named The Sexual Harassment of Women at Workplace ( Prevention, Prohibition and Redressal) Act, 2013. From Sexual harassment a big challenge to justice and equality for all women: this was the whole journey. Bhanwari Devi stated a bold example and an eye opener to the whole world ensuring the women’s future in this evolving world with evolving thoughts and protection.
Facts of the case
In the Vishakha vs. State of Rajasthan, case Bhanvari Devi a social activist from a small village trying to stop the harassment of a child by stopping her marriage in 1992, created animosity in the eyes of influential men and it led to the brutal gang rape of 5 people on Bhanvari Devi such exploitation and heartbreaking that was. It resulted in retribution and revenge for her actions. Nevertheless, her willingness to give justice and equity against the perpetrators and aggrieved person was so strong that the group of social activists with women’s rights organization filed a Public Interest Litigation (PIL) in the Supreme Court of India, in the search for a remedy and justice in a fair manner to provide protection and take rigid legal actions against the accused and request to give justice to woman like Bhanvari Devi. Thereafter, the petitioner argued that Article 14: equality, article 19: right to work, and Article 21: right to life and personal liberty these articles in the constitution are being violated due to no specific laws were in the enactment or in the rule.
These facts set the stage for the Supreme Court of India to take the historic decision in regard to the protection of women in the workplace and to ensure it would cater justice to the future of women in India.
Issues Raised and Arguments by Petitioner
- Whether workplace sexual harassment infringe the fundamental rights and gender equality rights?
- Whether the employer will be responsible for workplace sexual harassment or not?
There were four issues raised such as there was no legislation, infringement of Article 14, 19(1)g, 21, judicial role in this case, and obligation internationally.
Absence of legal framework for this sexual harassment issue
Sexual harassment means, Any type of physical contact, advances, demand of sexual favors, show of pornography, or any other welcome conduct whether physical, verbal, or non-verbal.
Due to no adequate law related to this women’s harassment issue even in the Indian Penal Code (IPC). The primary issue has had no law so therefore it was an issue created at that time. To provide guidelines for women facing harassment in the workplace, the judiciary afterward introduced the Vishakha Guidelines which set the stage for the enactment of a special law for the protection of women in the workplace.
Violation of Fundamental Rights
The petitioner argued that there is no protective legislation for women at the workplace and also in the current scenario, the women’s fundamental rights were also violated such as Article: 14, 19(1)g, 21.
- Article 14 and 15= It explains the right to equality. The petitioner contemplated that the gang rape happened on Bhanvari Devi was because of unequal treatment of women in the workplace. And Article 15 states race, place, caste, and birthplace-related discrimination.
- Article 19(1)g= It explains the right to work in a safe environment with full dignity, and respect in any profession or anyone can carry out any occupation, trade, or business. The influential men did gag rape on her at the workplace which means her work was not fully with her dignity and it violates her right.
- Article 21= This article explains the right to life and personal liberty, which include the right to live with personal dignity and freedom to work with respect. The petitioner contemplated that the harassment had happened at the workplace while working and it violated the woman’s dignity and self-respect.
Judicial Role
The court was called on to prepare and pass the guidelines so that an Act would get published on the guidelines of protection of women in the workplace. The issue was whether to make new guidelines or not to protect the rights of women from sexual harassment in the workplace. Therefore, the court declared guidelines named Vishakha Guidelines to protect constitutional rights.
Obligations in International view
The petitioner raised an issue that was under the obligation of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India ratified. They argued that India is falling behind in protecting women in the workplace. ( CEDAW) mandates to introduce laws for women from discrimination and harassment.
These were the issues raised in front of The Supreme Court of India, saying that there is a gap where in much-needed protection for women from workplace sexual harassment.
Judgement
The Supreme Court defined the judgment where it stated that yes constitutional rights such as Article 14,15, 19(1)g, 21 are been violated nevertheless, Bhanvari Devi failed to get justice due to inadequate evidence. The court issued binding guidelines named Vishakha Guidelines which are applicable across all workplaces, public and private, where the aim was to issue guidelines first until the specialized Act gets enacted by central and state government. The key derivatives of this guideline are:
- Definition of sexual harassment
- Compulsory preventive measures to be followed by all employers.
- Formation of redressal committees where at least one member would be externally appointed.
- Timely redressal mechanism.
The court understood the duty as per the CEDAW, focusing more on the state’s duty to protect women from gender-based infringement. Thereafter, the court urged parliament to pass the special Act addressing the Sexual Harassment of Women at Workplace Act, 2013.
Critical Analysis
In my view, the Supreme Court of India issued the Vishakha Guidelines and it shows social activism particularly stepping where the legislation is lacking whereas, the guidelines only included some factors but the penalties were excluded which led to uneven compliance. Specifically, where in the informal work sector, most sexual harassment cases go unnoticed. Even though the Act was enacted later onwards but till there were no penalties mentioned. The judgment broadens the interpretation of Articles 14, 19 and 21. The good news was that the legislation enacted in 2013 was named the Sexual Harassment of Women at Workplace Act, 2013 but there significant long years delay that is 16 years.
Conclusion
Vishakha vs. State of Rajasthan Landmark case states the historic change towards the empowerment of women’s lives in the future and now we are getting that. Women’s rights and safety in India have gained more importance from that event. Supreme Court’s Vishakha Guidelines with legally void at the time when the regulations were needed the most. The court gave the most strong precedent in regards to the women’s fundamental rights safeguarding their nature, prohibition of sexual harassment at the workplace maintaining their respect, dignity, and equality in every place.
Despite all that, there were judicial limitations whilst guidelines played a crucial role in the 16 years gap till the Act was introduced, challenges during the enforcement certainly in the informal sector to the enactment of Sexual Harassment of Women at Workplace Act, 2013. The judgment served as a catalyst for social and legislative reform.
In summary, the Vishakha Judgement opened the eyes of all the people with respect to subsequent workplace safeguards for women. From ongoing hurdles, cultural barriers, and gaps in the enforcement of the new Act in 2013, the legal reform was not enough. Constant hard work to implement such types of laws and Acts to ensure gender equality with respect and dignity and, a safe working environment for all women is needed. Even though Bhandari Devi failed to get justice and she was the victim, other women in the social organization took steps towards enlightenment and did commendably try to gain justice for all the women while working outside in a safe environment, best facilities, best surroundings and proper hygiene and many more. Today we survive in this world with great compassion and we work in public places or private places because of this judgement and all of us must be proud of it indeed.
7.References=
i) https://indiankanoon.org/doc/1031794/
ii) http://ncw.nic.in/sites/default/files/SexualHarassmentofWomenatWorkPlaceAct2013_0.pdf
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