Citations:
(Air1997 Sc,3011) – Sexual Harassment Landmark Case
Bench Of Judges: CJI. Sujata V. Manhohar And B.N. Kripal
Introduction
Vishaka &Ors V/S State Of Rajasts
Vishaka & Ors V/S State Of Rajasthan is a case which deals with the evil sexual Harassment of a women at her work place. It is a landmark judgement in the history of the Sexual Harassment which as being decide by the supreme court of India. Sexual Harassment means an uninvited or unwelcome sexual favour from one gender to another Gender. It Makes the person Humiliated. Insult or offended to whom it has been done . In many cases, it has been seen that homosexual labour harms an employee belonging to the same sex to which he belongs. Uninvited touching, making appeals for sex, sexually blunt pictures or text messages or emails, discredit a person because of sex. Accordingly, Sexual Harassment violates the fundamental right of the women of gender equality which is codified under Article 14 if Indian Constitution and also the fundamental right to life and to live a dignified life is violated/infringed under Article 21 of constitution Of India. Even though there has been no provision for Sexual Harassment at workplace under the Indian constitution.
Justice Arjit Pasayat beholder from his beautiful thought that, While a murderer destroys the physical frame of the victim, on the other hand the rapist defiles the soul of a helpless female. Sexual Harassment is one of the social evil faced by the society. Now at this point of time the high society people or the people who commits sexual harassment should become aware about the vital needs or rights of women or either when this tranquil volcano of anger will erupt will cause immense danger and shattering which would have equal consequences which is cause from the burst or eruption of an inactive volcano.
Facts
Bhanwari Devi Who was a social worker in one of the villages of Rajasthan. She worked a social development program at rural level which was about to Stop the child marriage in a village and this social program was administrated by the Rajasthan state government. Bhanwari Devi en- devoured to stop the marriage of the Ramkaran Gujjaras (Thakurs) Daughter, who was merely less than one year old, ie: she was an Infant only. As a part of her duty, Bhanwari devi tried to terminate the marriage of her Infant daughter. All though she succeeded in stopping the marriage. But she faced what she would never ever imagine. She on September, 1992, She was been gang Raped, by Ramkaran Gujjar and his five friends in front of her husband. The male doctor at normal primary health care declined to Survey her and the doctor of Jaipur only made confirmation of her age without any recommendations of her being raped in her medical report. At the police too the lady constable were taunting her whole of the midnight. In past midnight the police asked her to leave her Lehnga as the evidence of the incident and go back to her village. The trial court made the Judgement that accused were not guilty.
The High Court In his judgement , Stated that the case of Gang Rape case Was Done purely in the Form Of Revenge. All these statements and judgement, aroused the NGOs to file Petition (PIL) in the Supreme Court of India.
Issue Raised In This Case
Whether, The enactment guidelines are mandatory for the repudiation of sexual harassment of women at workplace.
Judgement
The judgement of Vaisakhi’s case was conveyed by Chief Justice J.S Verma as a representative of justice Sujata. Manohar and justice B.N Kripal on account of writ petition which was filed by Vishakha the victim of this case. The court observed that the fundamental rights under Article 14[2] , 19[3] [1](g) and 21 [4] of the constitution of India that every profession, trade or occupation should provide a 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 a safe working environment at work place.
The Supreme Court held that women have the fundamental right towards the freedom of sexual harassment at workplace. It also forwards various kinds of guidelines for the employees to follow them and avoid sexual harassment of women at workplace. The court also suggested proper techniques for the implementation of cases where there is sexual harassment at workplace. The aim of the supreme Court was to ensure gender equality among people and also to ensure that there should be no discrimination towards women at their workplace. After this case, The supreme Court made the term sexual harassment well defined, accordingly any physical touch or conduct, showing of Pornography, any unpleasant taunt or misbehaviour, or any sexual desire towards women, sexual favour will come under the ambit of sexual harrasment.
Critical Analysis
In this case of Vishaka & Others V/s state of Rajasthan , The Supreme Court, specifically underlined the definition of sexual harassment, which conveys any unwanted or uninvited Physical touch or conduct or showing of pornography or any definable sexual comments or texts will come under the Ambit of sexual harrasment. According to me any such conduct done directly hampers the right of women to life and it also affects their dignity to live. It also hinders the mental and physical health of women. Sexual harassment shall be avoided and equality between the genders shall be established at workplace.
The Supreme Court held out guidelines that the person in charge of the particular institution, organisation or office whether be it private or public, will be responsible in taking effective steps to prevent sexual harassment. Penalties shall be charged from the accused people for conducting sexual harassment. It has become very crucial topic to act upon for the prevention of sexual harassment women at workplace. In case the sexual harassment is conducted by the outsiders, the person in charge of that institution must take strict action for the conduct of Such crime.
Conclusion
Sexual Harassment of Women at workplace happens at a very frequent rate in India. If any strict action is not taken towards this crime, it will directly hamper the working ratio of the women in India and on the other hand it will hamper the economic situation of India. Government should make strict law regarding sexual harassment at workplace, because Women also constitute the working population of our country. It should be abolished to prevent the dignity and the respect of women. Various new approaches and skills should be implemented by the institutions and organizations to prevent their women employees from such a social evil. The main objective behind the stabilization of this right is to promote gender equality at the workplace without any kind of discrimination and discernment among the workers of an organization.
End Notes
- AIR 1997 SC3011
- Article 14, Constitution Of India ( Right To Equality)
- Article 19(1) (G) Constitution Of India (Right To Practice Ones Profession)
- Article 21, Constitution of India (Right To Life)
- AIR 1997 SC 3011 at 3014
Name: Rehan. Vaz
Year:4th YEAR L.L.B
College Name ST. Rocks Degree College of Law
University: University Of Mumbai