Vishaka v. State of Rajasthan
Visual Summary
Vishaka Guidelines: Definition of sexual harassment, employer obligations, complaint mechanism, and preventive measures.
Case Details
Facts of the Case
A social worker was gang-raped while working on preventing child marriages in Rajasthan. The case raised questions about sexual harassment at workplace.
Legal Issues
What constitutes sexual harassment at workplace? What guidelines should be followed until legislation is enacted?
The Judgment
Court's Decision
The Court laid down guidelines defining sexual harassment and requiring employers to prevent and address workplace sexual harassment. These became known as Vishaka Guidelines.
Legal Principles Established
Sexual harassment at workplace violates fundamental rights under Articles 14, 15, 19(1)(g), and 21. Employers have a duty to prevent and address sexual harassment.
Impact & Significance
Impact on Society
This landmark judgment led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Real-Life Impact
Led to the POSH Act 2013 and mandatory Internal Complaints Committees in workplaces across India.