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Case Analysis: Vishaka & Others Vs State Of Rajasthan




Sudeep Shinde, K. C Law College, University of Mumbai

Citation: A .I. R 1997 S. C. 3011, 1997 6 SSC 241, JT 1997 (7) SC 384

1. INTRODUCTION

The historic case of Vishaka and Others v. State of Rajasthan marked a turning point in the development of sexual harassment law in India. Bhanwari Devi, a social worker in Rajasthan, brought an action after she was sexually attacked by upper-caste males in 1992 while attempting to stop a child marriage. The case made clear that there are insufficient legal safeguards and procedures in place to deal with sexual harassment in the workplace and public places.

Sexual harassment at work is a breach of a woman's fundamental right to equality under the Indian Constitution, according to a 1997 ruling of the Supreme Court of India. The Vishaka Guidelines were established by the court to establish rules for preventing sexual harassment at work. These rules highlighted the requirement that businesses need to set up systems to stop sexual harassment, such as forming a complaint committee and running awareness campaigns.

The Vishaka decision marked a significant development in the Indian judicial system's response to workplace sexual harassment. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 built on the principles established in the Vishaka case and was a direct result of this act. The case has also been used in other nations as an illustration of how courts can offer relief to those who have been the victims of sexual harassment and promote legislative action to stop such incidents.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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