vs State of Rajasthan and Ors. Case Summary: Vishaka & Others vs. State of Rajasthan By Aishwarya Lakhe on Apr 29, 2020 Case Summary, Lex Bulletin Title of Case: Vishaka & Ors v. State of Rajasthan & Ors on 13 August, 1997 Citation: (1997) 6 SCC 241 Court: Supreme court of India Bench: Cji, Sujata V. Manohar, B. N. Kirpal Parties Petitioner: VISHAKA & ORS Citation : 2023 Latest Caselaw 1181 Raj Judgement Date : 30 January, 2023 Download as PDF. The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, a Complaints Committee, a special counselor or other support service, including the maintenance of confidentiality. Vishaka v. State of Rajasthan , AIR 1997 SC 3011. Verma C.J., Sujata V. Manohar & B.N. This incident revealed the consequences to which a employed woman faces and the pressing need for protection by any other procedure in the lack of statute. It has been seven decades since Mahatma Gandhi has spoken the above words and they still make sense when compared to the present-day scenario of women being subjected to sexual harassment, rape, gender discrimination, domestic abuse, eve-teasing, and so on in our country. In the absence of domestic law to curb the evil, assistance could be rendered from International Conventions and Statues to the extent that it does not contravenes with any domestic law or the do not violates the spirit of Constitution. Thus, sexual harassment need not involve physical contact. It was held by the Apex Court that such cases attract the remedy available under Article 32 of the Indian Constitution. APPROPRIATE DISCIPLINARY ACTION If there is an occurrence of the violation of service rules, appropriate disciplinary action must be taken. Along with the violation of Art. by the committee informing the former of the development regarding the said issue in the organization. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); In one of the villages of Rajasthan a program was initiated by the State Government of Rajasthan to prevent the practice of Child marriage. Whether the employer has any responsibility when sexual harassment is done to/by its employees? The court ruled that Gender equality & right to work with dignity is injured whenever there is a any incident of Sexual Harassment. The Honble Supreme Court framed the guidelines to prevent sexual harassment at the Workplace, known as Vishaka Guidelines, that were to be treated as law declared under Article 141 of the Indian Constitution. However, the marriage was performed the next day and no police action was taken against it. Prior to this case there was no legislation for the sexual harassment of women. The Honble court took reference from various international conventions and laws in the absence of domestic law, then connected it to the law of the land and gave birth to a new law altogether. Vishaka & ors. 3rd RGNUL NATIONAL MOOT COURT COMPETITION, 2014 TC 37 . Why is it so hard for a woman to achieve the same freedom and opportunities that a man gets with not much of an effort? The respondent assisted the Honble court in figuring out an effective method to curb sexual harassment and in structuring the guidelines for the prevention of the same. In the year 1987, as a part of her job, Bhanwari took up an issue of attempted rape of a woman who hailed from a neighbouring village. 253 read with entry 14 of Union List in Seventh Schedule. Like every coin has its two sides, based on the Vishaka case, one can figure out that though India tried to overcome the social evils of gender inequality and sexual harassment by providing employment and provisions of law, it did not succeed in taking social responsibility for an equally safe working environment. Vishaka case of sexual harassment at workplace is a case of landmark judgment by Supreme Court of India. Like how they referred various international laws to give birth to a new law as highlighted in this article, they should take similar cue from the middle east for stringent punishments to rape or sexual harassment complaints to bring more fear and responsibility among people thinking to involve in such acts.. Save my name, email, and website in this browser for the next time I comment. Even after having the law on our side to safeguard women, there are many incidents of sexual harassment taking place regularly which get unreported. The. Vishaka & Ors. These sections left the interpretation of 'outraging women's modesty' to the discretion of the police officer. The judgement was unprecedented for several reasons: Bhanwari Devi is a woman living in Bhateri a village in the Indian State of Rajasthan located 55 kilometers from Jaipur. Amidst, the protest to stop a child marriage in one Ramakant Gujjars family Bhanwari Devi tried her best to stop that marriage. Justice B.N. (CIVIL) NO.___ OF 2013 UNDER ARTICLE 32 OF THE CONSTITUTION OF RAMBO In the matter of Article 19 and Article 21 of Constitution of Rambo The court recognised that where any of these acts is committed in circumstances where under the victim of such conduct has a reasonable apprehension that in relation to the victims employment or work whether she is drawing salary, or honorarium or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. Case Name: Vishaka and Ors vs State of Rajasthan and Ors (1997) Petitioner: Vishaka & Ors. The court without hesitating in breaking its constitutional boundaries (only to interpret law) formulated guidelines for the prevention of such incidents. One of the logical consequences of such an incident is also the violation of the victims fundamental right under Article 19(1)(g) to practice any profession or to carry out any occupation, trade or business. The petition was filed after Bhanwari Devi, a social worker in Rajasthan, was brutally gang raped for stopping a child marriage. State of Rajasthan. The guidelines suggest that the compliance mechanism should ensure time-bound treatment of complaints, but they do not suggest that a report can only be made within a short period of time since the incident occurred. When the offences committed are the one discussed under Indian Penal Code or any other law, the employer is bound to start the prosecution with complaining to appropriate authority. This led to boycotting Bhanwari Devi and her family. . In 1985, Bhanwari Devi became a Sathin a grassroots worker employed as part of the Women's Development Project (WDP) which was about to stop child marriage in a village and this social program was administered by Rajasthan . v. State of Rajasthan & Ors, AIR 1997 SC 3011 MEMORANDUM ON BEHALF OF THE PROSECUTION SURANA AND SURANA NATIONAL TRIAL ADVOCACY MOOT COURT COMPETITION, 2018 BOOKS: Ratanlal and Dhirajlal, The Indian Penal Code, 33" Ed. Kirpal JJ. If the offenses committed are the ones that fall under the purview of the Indian Penal Code, 1860, then the employer is bound to take prosecutorial action by complaining to the appropriate authority. The rules/regulations of govt. Case analysis : Vishaka & Ors. ), and B. N. Kirpal (J.) The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("Sexual Harassment Act") has been made effective on 23 April 2013 by way of publication in the Gazette of India.[10]. [4]https://www.ohchr.org/en/professionalinterest/pages/cedaw.aspx#:~:text=Introduction,twentieth%20country%20had%20ratified%20it. Prior to this case there was no legislation regarding the protection of women at workplace, but after this case the Honble Supreme Court has laid down various guidelines related to the sexual harassment of women at workplace based on CEDAW ( signed in 1980) interpreting the Articles 14, 15, 19 and 21 of the Indian Constitution. 21 also comprise Right to live with dignity. Vishaka vs State Of Rajasthan is a case that deals with the sexual harassment of women at workplaces. The idea of PIL did not exist in India then. Amidst, the protest to stop a child marriage in one Ramakant Gujjars family Bhanwari Devi tried her best to stop that marriage. Jagdish Etc. The court held that such violation therefore attracts the remedy under Article 32. https://legalreadings.com/need-for-regulations-of-ott-industry/. The PIL was filed by a womens rights group known as . Vs State of Rajasthan and Ors. One of the logical consequences of such an incident is also the violation of the victims fundamental right under. Sexual harassment of women at workplace violates her right to life and right to live a dignified life. As a result of these sexual harassment cases there raises a need for legislature enactment to address the sexual harassment of women at workplace. [2] Lets dig into the details of the case to know more about how the law regarding the safety of women against sexual harassment evolved in India in the past two decades. The court in Vishakhawas called upon for the enforcement of the fundamental rights mentioned under article 14, 19 & 21. It also affects their mental and physical health of women. iii. It is also acceptable to collaborate with NGOs or any such organisations which are well aware of such issues. The learned Solicitor General appearing on behalf of the respondents (with their consent) in this case did something unusual i.e, supported the petitioners. Call us at- 8006553304, 2014-2022 Law Times Journal | All Rights Reserved, Vishakha Vs. State of Rajasthan Case Summary. A writ petition, seeking the writ of mandamus was filed by the Vishaka group which comprised of various womens rights activists, NGOs, and other social activists. Respondent: State of Rajasthan & Ors Date of judgment: 13 August 1997 Bench: J.S. Common social evils include the caste system, poverty, dowry . 1. They were however, subjected to harsh cruelty by the female police attendants even to the extent that for procuring evidence her lehenga was demanded from her and she was left with nothing but her husbands blood stained dhoti. The Honble court took reference from various international conventions and laws in the absence of domestic law, then connected it to the law of the land and gave birth to a new law altogether. The Vishaka case changed the outlook towards sexual harassment cases as serious issues, unlike the past when such cases were looked upon as petty matters. Save my name, email, and website in this browser for the next time I comment. Whether the court could apply international laws in the absence of applicable measures under the existing? Vishakha v. State of Rajasthan; It was a PIL to enforce fundamental rights for working women under Articles 14, 19 and 21 of the Constitution. Any act that creates a hostile work environment be it by virtue of cracking lewd jokes, verbal abuse, circulating lewd rumours etc. The country had after 1991 seen rise in gender equality in terms of employment. In 1992, to seek vengeance upon her, Ramakant Gujjar along with his 5 men gang raped her in front of her husband. At every workplace, the employer and other authoritative people are duty bound to prevent sexual harassment and setup processes to resolve, settle or prosecute such cases. EMPLOYERS OR OTHER EQUIVALENT AUTHORITYS DUTY Employer or other responsible persons are bound to preclude such indecent incidents of sexual harassment from happening. The police department at first tried to dissuade them on filing the case on one pretext or other but to her determination; she lodged a complaint against the accused. In my free time I often watch Netflix series, Hollywood movies, Web series etc. ", In 1997, the Supreme Court delivered a landmark judgment laying down guidelines to be followed by establishments in dealing with complaints about sexual harassment. 2017) Gaur, KD, Criminal Law: Cases and Materials, (6" Ed. https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. However, the marriage was performed the next day and no police action was taken against it. [iii] The Constitution of India, art.19(1)(g). It laid its focus on the enforcement of the fundamental rights of women at the Workplace under the provisions of Article 14, 15, 19, and 21 of the Constitution of India, it also raised the issue of the need for protection of women from sexual harassment at Workplace. Such aforesaid dignity could and should be protected with suitable guidelines. The court stated that these guidelines were to be implemented until legislation is passed to deal with the issue. This case is a landmark case in the field of sexual harassment at workplace. The Supreme Court issued the well-known Vishaka rules, which mandated that both the commercial and public sectors create processes to address sexual harassment accusations. Fact of the Case: The immediate cause for the filing of this writ petition was an incident of alleged brutal gang rape of a social worker in a village of Rajasthan. violence against women. Trial court acquitted the accused as there was not sufficient evidence against them but Bhanwari devi with other female social worker filed a writ petition in Supreme court which has been successful and now very well known as Vishaka guidelines. The rising offences of sexual harassment and related offenses were the main reasons behind the requirement of legislation for sexual harassment at workplace. In 1992, to seek vengeance upon her, Ramakant Gujjar along with his 5 men gang raped her in front of her husband. The lack of a law that would prevent sexual harassment and provide women with a safe working environment was acknowledged by the Honble Supreme Court of India. They all filed a writ petition in Supreme Court of India under the name Vishakha. 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