In 1997, The Supreme Court of India established groundbreaking guidelines defining sexual harassment at the workplace, protecting women's fundamental rights, and filling a legislative vacuum.

The Supreme Court of India's judgment in the case of Vishaka & Ors. vs. State of Rajasthan, delivered on August 13, 1997. The case addressed the urgent need to protect women from sexual harassment at workplaces.

Background: The victim Ms. Bhanwari Devi, a woman hailing from Bhateri, Rajasthan, worked as a “saathin” under the Women’s Development Project (WDP) run by the Government of Rajasthan. As a part of her job, she took part in several social development and women empowerment projects under the Project, but, when she rescued a girl child from child marriage from her father, namely “Ram Karan Gurjar” and his family, and on May 5, 1992 stopped the marriage with the help of police, however, the infant’s father concluded the marriage on the next day.

The act of Bhanwari Devi, in attempting to stop the infant marriage, had upset the family and to seek vengeance, Ram Karan Gurjar with four other men, on September 22, 1992 brutally attacked the husband of Bhanwari Devi and gang-raped her. Bhanwari Devi's actions had caused an uproar in the society which led to boycotting Bhanwari Devi, and costed her the job. After overcoming multiple hurdles to register a complaint against the offenders.

With no other means to exhaust for seeking justice, Bhanwari Devi with the aid of a women’s rights group known as Vishaka filed this petition before the Hon’ble Supreme Court of India seeking answer to three issues raised in here, which were,
a) Whether sexual harassment at the Workplace amounts to a violation of Rights of Gender Inequality and Right to Life and Liberty?
b) Whether the court could apply international laws in the absence of applicable measures under the existing?
c) Whether the employer has any responsibility when sexual harassment is done to/by its employees?

And the landmark case was triggered by the gang rape, highlighting the vulnerability of women in workplaces. The petition sought to enforce women's fundamental rights under Articles 14 (Right to Equality), 19 (Right to Freedom), and 21 (Right to Life and Liberty) of the Indian Constitution, particularly the right to a safe working environment.

Key Arguments and Observations: The Court recognized the lack of adequate legislation in India to protect women from sexual harassment at work. The judgment highlighted the detrimental impact of sexual harassment on women's fundamental rights, emphasizing that the right to life includes the right to a life with dignity.
It observed that the responsibility to ensure a safe and dignified work environment primarily lies with the legislature and the executive. The Court drew upon international conventions like the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to emphasize the global recognition of the right to work with dignity and protection from sexual harassment. It recognized the significance of international conventions in interpreting domestic law, especially in areas where domestic law is silent.

The Court's Ruling and Guidelines: In the absence of specific legislation, the Court issued a set of guidelines and norms to be followed at all workplaces, effectively defining sexual harassment and establishing mechanisms to address it. The Court stressed that these guidelines would be legally binding until the legislature enacted specific legislation on the matter. These guidelines, known as the "Vishaka Guidelines," includes the following:
-Defining sexual harassment and emphasizing the employer's duty to prevent it.
-Mandating employers to implement preventive measures such as expressly prohibiting sexual harassment, incorporating it into conduct rules, and ensuring a safe working environment.
-Establishing a robust complaint mechanism, including setting up Complaints Committees, providing counseling, and ensuring confidentiality.
-Recommending criminal proceedings and disciplinary actions against perpetrators.
-Promoting awareness about these rights and guidelines.

Impact and Significance: The Vishaka judgment was a landmark decision as it was the first time that sexual harassment at the workplace was legally defined in India as was declared The Law by The Supreme Court of India under Article 141 of the Constitution.
The Vishaka Guidelines, born from this judgment, served as a crucial legal framework for protecting women from sexual harassment at work. They paved the way for the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, showcasing the judiciary's role in driving social change and filling legislative gaps to protect fundamental rights.

WRIT PETITION (CRIMINAL) NOS. 666 – 670 OF 1992
BETWEEN: - VISHAKA & ORS. vs STATE OF RAJASTHAN & ORS.
CORAM: - CHIEF JUSTICE OF INDIA (JUSTICE) J.S. VERMA, JUSTICE SUJATA V. MANOHAR, and, JUSTICE B.N. KIRPAL
DOJ: - 13.08.1997