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Vishaka v State of Rajasthan

Equal Protection and Anti-Discrimination Law

Vishaka v State of Rajasthan was a 1997 decision of the Supreme Court of India, brought after the gang rape of a social worker in rural Rajasthan, in which the Court laid down binding guidelines defining sexual harassment at the workplace and requiring employers to prevent and address it, drawing on international conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women because no domestic legislation on the subject then existed. These Vishaka Guidelines remained binding law in India until Parliament enacted the Sexual Harassment of Women at Workplace Act in 2013, which substantially codified them.

Facts
Decision Year
1997 1
Decision Date
1997-08-13 1
Holding
The Court held that international conventions and norms bear on interpreting the guarantee of gender equality and the right to work with human dignity under Articles 14, 15, 19(1)(g) and 21, and laid down binding guidelines, the Vishaka Guidelines, requiring employers to prevent and redress sexual harassment at the workplace. 1
Current Status
The Vishaka Guidelines were superseded by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which enacted equivalent protections into statute. 1
FAQs

Why did the Supreme Court of India lay down the Vishaka Guidelines?

No domestic law existed, so the Court drew on international conventions to lay down binding guidelines.

The case followed the gang rape of a social worker in rural Rajasthan. Because no domestic legislation on workplace sexual harassment then existed, the Court in 1997 drew on international conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women and laid down binding guidelines requiring employers to prevent and address it.

How long did the Vishaka Guidelines remain binding law?

Until the 2013 Act substantially codified them.

They remained binding law in India until Parliament enacted the Sexual Harassment of Women at Workplace Act in 2013, which substantially codified them.
Connections

Decided By

Decided by the Supreme Court of India, 1997.

In Legal System

A ruling of the Indian Supreme Court under the Indian Constitution.

In the Other Atlases

Found In

Also in Geography Atlas: where this subject is found.

Sources
1. Vishakha and Others v. State of Rajasthan (Wikipedia)
Wikimedia Foundation
  • Infobox: date decided
    13 August 1997
  • Judgment summary, quoted holding on international conventions
    International Conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in Articles 14, 15, 19(1)(g) and 21 of the Constitution and the safeguards against sexual harassment implicit therein.
  • Infobox: subsequent actions
    Superseded by The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("Sexual Harassment Act").
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