Vaisakha and others V. state of Rajasthan (1997) 6 SCC 241.( Sexual Harassement)


Introduction

In this landmark judgement in Vishaka and others V.state of Rajasthan,the  supreme court has laid down exhaustive guidelines for preventing sexual harassment of working women in place of their work until legislation is enacted for this purpose on a unit Petition filed by vaisakha a non governmental organization working for `gender equality’ by way of PIL seeking enforcement of fundamental rights of working women under Articles 14,19 and 21 of the constitution.


Background

Bhanwani Devi was a social worker in Rajasthan.She protest to stop a child marriage Ramakant Gujjar’s family. She  tried her best to stop that marriage, but the marriage was successful in its completion. But he vengeance upon her, Ramakant Gujjar along with this 5 men gang raped her infront of her husband. Then 1997 Vaisasha a non governmental organization filed a writ petition.


Part-1

 The court held that it is the duty of the employer or other responsible person in work place and other institutions. Whether public or private, to present sexual harassment of working women on a unit petition filled by Vishaka a non governmental organization working for “gender equality” by way of PIL seeking enforcement of fundamental rights of working women under articles 14,19 and 21 of the constitution. The immediate cause for the filing of this unit petition was the alleged brutal gang raped of a social worker of Rajasthan. The court directed the employers to set up procedure through which working women can make their complaints

It is conforming with the existing law called the sexual harassment of women at workplace prevention, prohibition and Redressal Act,2013.

Consistent with previous reasoning in that of the similar case.

It will definitely influences the existing law .The sexual harassment of women at workplace (prevention, prohibition and Redressal)Act,2013.

As the court head that the court that the power under the article 32 to lay down such guidelines for effective enforcement of fundamental rights of working women at their work places and declared that this would be treated as the law declared by the supreme court under Article 191 of the constitution.

The interpretation of law was appropriate that the work conditions should be proceeded  in respect of work , leisure  ,health and hygiene to further ensure that there is no hostile environment to wards women at work places and no employee women, should have reasonable grounds to believe that she is disadvantaged in connection with her employment.

 It is logical because they can be relied on interpreting the guarantee of gender equality in Articles 14,19 and 21 of the constitution.

The honourable count consider all the    and arguments in the case , Vaisakha and others  V. state of Rajasthan , (1997) 6 Scc 241.

The policy implementation of the decision in this case mainly emphasis on the Fundamental right , gender equality in article 14,19,21 our indian constitution .

Now  s days we have an appropriate registration .In this regards sexual Harassment at work place ( prevention , prohibition and Redressal) Act.2013 .But as of those days where is no such particular registration and as a     the judgment in the case of visakha and other V.sate of Rajasthan, was appropriate .

Part-II Comparative analysis

   Sexual Harassment at workplace Laws around the world.

Over 50 countries have prohibited sexual harassment at work through national legislation or labour codes. India became one of these countries in 2013. The countries that have enacted such legislations are:- Algeria, Argentina, Australia, Brazil, Belgium, Canada, Denmark, France, Germany, India, Ireland, Israel, Japan, Newzealand, Poland, South Africa, Spain, Sri Lanka, Switzerland etc. Different countries have different understanding of sexual harassment – which is to great extent influenced by their culture and understanding of gender equality.

Conclusion

 Saw to conclude duty of the employer or other responsible persons in work places and other institutions. It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of the acts sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking steps required.


Authored by

Adv. Radhika

CASE COMMENTARY COMPETITION

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