Vishaka Vs State of Rajasthan and Ors. (Bhanwari Devi Case)
In this case, it was about defending women against workplace sexual harassment. In 1992, a social worker attempted to prevent child marriage and was reportedly gang-raped in the process. Despite filing a police report, her case was not handled correctly. She filed a lawsuit in an attempt to obtain justice, and the trial court determined that there was insufficient evidence to convict the defendants.
As a result, several women’s groups and organizations disagreed with the ruling. It led to a public interest case being filed to address the problem of sexual harassment at work before the Supreme Court of India. One of the most important instances in the history of the nation has been said to
The court noted that sexual harassment of a woman at work was considered a violation of her rights under Articles 14, 15, 19 and 21 of the Indian Constitution.
Facts of the case
At the outset, it is necessary to put forth the facts of the case in detail to render a better understanding. Firstly, there was an immediate cause responsible for initiating this fight for gender justice which was the case of the alleged brutal gang rape of a woman in a village in the State of Rajasthan. Bhanwari Devi, a social worker was gang-raped for doing the noble act of preventing child marriage. Unfortunately, this criminal case pursuant to the insufficient evidence proving the crime was dismissed. However, this incident gained momentum among various social activists and NGOs, enforcing the necessity for specific legislation for sexual harassment of women in the workplace in light of Gender Equality. Subsequently, this writ petition was filed by certain social activists and NGOs under Article 32 on the ground of violation of Articles 14, 15, and 21 of the Constitution.
Legal Changes brought after the case:
In response to the sexual harassment at work issue, comprehensive legislation was proposed, which laid down various guidelines and requirements that employers and other responsible parties should meet in order to implement the provisions of the case. It is the duty of employers to prevent sexual harassment in the workplace. They should also consult with their staff members about effective ways to resolve the issue. Every workplace should have a complaint committee in place to resolve concerns. It should be led by a woman employee, participate in third parties or non-governmental organizations, and only have 50%, female members.
Employers would be compelled to take appropriate action in response to any allegations of sexual harassment of female workers, which would be handled only by this committee. The victim would then get advice and recommendations from the committee on the next step.
These guidelines were created to give women the protection they deserve from harassment in both the public and private sectors. The Indian Government enacted the Prevention of Sexual Misconduct at Work Act, 2013, following the Supreme Court’s judgment. This Act came into force on December 9, 2013.
Adv.Khanak Sharma (D/1710/2023)