The case Vishaka v. State of Rajasthan and others. has played a prominent role in shaping a legal framework on gender issues and harassment at workplace within India. The case emanates from a brutal gang rape of a social worker who worked against child marriages, as a retribution by the men from upper caste. The incident has identified the vacuum in the field which called for specific legislation to address the issue. The court has identified the sexual harassment and physical violence as a violation of Fundamental rights enshrined under the Indian Constitution. Court stressed the duty of the employer to maintain a safe working condition for women. In the backdrop of no specific legislation in this regard, court issued guidelines to be followed at the workplace. The case brought the issue into the public discussion and questioned the social evil that normalized such behaviours at the workplace. Despite the presence of legislation, the unreported cases and the implementation gaps form the major threat for providing justice to the victim.
| Citation | (1997) 6 SCC 241 |
| Name of the Court which decided the case | HON’BLE SUPREME COURT OF INDIA |
| Bench | Chief Justice J.S. Verma,Justice Sujata V. Manohar andJustice B.N. Kirpal. |
| Legislation | Constitution of IndiaIndian Penal Code |