- The bench: J.S. Verma C.J.I., Mrs. Sujata V. Manohar and B.N. Kirpal. JJ.
- The Petitioners: Vishakha & Ors
- The Respondents: State of Rajasthan& Ors.
Issue:
Sexual Harassment at workplace.
Facts of the case:
Bhanwari Devi who was a social activist / worker in one village in Rajasthan. She was employed under a rural social development program which worked to stop child marriages in the village and this social program was administered / initiated by the state government of Rajasthan. Bhanwari Devi dedicated herself to preventing the marriage of the daughter of RamkaranGujjars (thakur), who was just under one year of age, i.e. she was just an infant.
As part of her obligation, Bhanwari Devi tried to end that infant child's marriage. Although it happened from her vain-full attempts to stop the marriage, but Bhanwari Devi was however, taken to be at fault by the people of the village. She was subjected to collective retribution [Social punishment] or boycott, and was put forward.In September 1992, she was raped in front of her husband by RamkaranGujjar and his five associates.The male doctor at the normal primary health center refused to investigate her and the doctor at Jaipur only reported her age without any suggestion in her medical report that she was raped. She was constantly taunted at the police station by the countable women during the midnight. The policeman had, the previous night told her to leave her lehenga as evidence of the incident and go back to her home. Before that, she was left only with her husband's blood-stained dhoti to protect her body, because of which they had to spend the whole night in that police station only. The Trial Court discharged the convicted persons for not being guilty. In the appellate judgment, the High Court decreed that "it was a gang rape case that was conducted out of revengeful circumstances”. All these comments and decisions had caused women and NGOs to send petitions (PIL) in the Supreme Court of India under the name ‘Vishakha’.
Judgement: Chief Justice J.S Verma, as a representative of Justice SujataManihar and Justice B.N Kripal, expressed the judgment of Vishakha's case on account of a writ petition filed by the name –Vishakha, as the victim of this case. The court had noted herein that, “the fundamental rights under Article 14[2], 19[3](1)(g) and 21[4]of Constitution of India that, every profession, trade or occupation should provide safe working environment to the employees. It hampered the right to life and the right to live a dignified life. The basic requirement was that there should be the availability of safe working environment at workplace.” It also said that women have a constitutional right to freedom from workplace sexual abuse. It also put forward various important recommendations for workers to follow them, and to prevent women's sexual harassment at the workplace. The court also recommended providing appropriate procedures to address situations where sexual assault happens at the workplace. The Supreme Court's main objective was to ensure equality between men and women and also to ensure that there should be no discrimination against women in the workplace.
