VISHAKA VERSUS THE STATE OF RAJASTHAN

VISHAKA VERSUS THE STATE OF RAJASTHAN

Visakha v. State of Rajasthan remains a landmark decision in Indian legal history that uniquely illustrates the plight of women in the workplace. The Supreme Court’s 1997 decision was a significant step in combating sexual harassment at work, an important issue that had been neglected in India for many years. Bhanwari Devi was a social activist in Rajasthan and was brutally attacked by mobs while trying to stop child marriages in her village. The local police and judiciary were not prepared to deal with such a serious crime. The trial court’s conviction of the accused raised public concern and brought national attention to the serious problem of harassment and violence against women in India. Outraged by the unfair treatment, a PIL was filed in the Supreme Court. The claim of the petitioners is that due to the absence of laws regulating harassment at the workplace, women workers are being deprived of their fundamental right to work with equality and dignity. There was a gap in the law regarding sexual harassment at the workplace and a historic step was taken by framing a set of guidelines known as the ‘Vishaka Principles’. These are detailed instructions in the form of codes of conduct that impose responsibility on all employers and managers of organisations to prevent and curb harassment at the office. It said that harassment at the workplace is a violation of fundamental rights under Articles 14, 15, 19 and 21 of the Constitution of India. The Grievance Committee ensures that all complaints are resolved promptly and confidentially. This process will remain in force until appropriate legislation is drafted. The responsibility to provide a safe work environment to women has been given administrative authority and thus established based on the Visakha scheme. Women are fighting for their rights and are on constant alert to create safe workplaces across the country.

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