Case Commentary On Vishaka V. State Of Rajasthan

Akshat Hegde & Balpreet Kaur Bhatti, KES’ Shri Jayantilal H. Patel Law College

I. INTRODUCTION

“I raise my voice—not so that I can shout, but so that those without a voice can be heard. We cannot all succeed when half of us are held back.”

-Malala Yousafzai

The Vishaka v. State of Rajasthan case represents a pivotal juncture in India’s jurisprudence on workplace sexual harassment, initiated by the harrowing 1992 assault on social worker Bhanwari Devi, targeted for opposing a child marriage. This incident underscored profound systemic inadequacies in safeguarding working women. In 1997, the Supreme Court emphatically recognised workplace harassment as a violation of constitutional equality, articulating the Vishaka Guidelines. These directives mandated proactive frameworks, including internal grievance mechanisms. This landmark ruling catalysed the 2013 Sexual Harassment of Women at Workplace Act, epitomising judicial intervention in fortifying gender equity and affirming women's inalienable dignity and security .

II. SUMMARY OF FACTS

In 1992, Bhanwari Devi, a village-level social worker (satin) in Rajasthan, became the centre of a landmark legal battle after a brutal incident of gang rape. As part of her duties under the government’s Women’s Development Programme, Bhanwari tried to prevent the child marriage of a girl in her village, organized by Ramkaran Gurjar. Despite her persistent efforts, the marriage proceeded, and she faced severe backlash from the community.