This case was significant in establishing the framework for dealing with sexual harassment in India, even before specific legislation, such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, was enacted.
The case arose from an incident where a social worker named Bhanwari Devi was brutally gang-raped by upper-caste men in Rajasthan as a result of her efforts to prevent a child marriage. She sought justice but was met with inaction and indifference from the local authorities. The Supreme Court took up the case as a Public Interest Litigation (PIL).
In its judgment, the Supreme Court recognized that there was no specific law in India to address sexual harassment at the workplace, despite the fact that it was a pervasive issue. The court, therefore, formulated guidelines to fill this legal vacuum, which were known as the Vishaka Guidelines. These guidelines included measures for preventing and redressing sexual harassment at the workplace, such as setting up internal complaints committees, defining sexual harassment, and specifying the process for addressing complaints.
The Vishaka case played a crucial role in sensitizing employers and organizations about the importance of providing a safe and harassment-free working environment for women. It also paved the way for the eventual enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, which further codified and expanded the framework for addressing workplace harassment.
Overall, the Vishaka case marked a significant step forward in recognizing and addressing the issue of sexual harassment in India and provided a legal foundation for protecting the rights and dignity of women in the workplace.