Punjab & Haryana High Court, Chandigarh
Citation(1997) 6 SCC 241, AIR 1997 SC 3011
CourtSupreme Court of India
Date13 August 1997
Year1997
BenchJ.S. Verma CJI, Sujata V. Manohar, B.N. Kirpal JJ.
Acts/ArticlesArticle 14, Article 15, Article 19(1)(g), Article 21
CategoryConstitutional Law, Women's Rights

Key Principle Established

Sexual harassment at workplace defined and guidelines issued (Vishaka Guidelines). Right to work with dignity is a fundamental right under Articles 14, 19(1)(g), and 21.

Brief Facts

A social worker in Rajasthan was gang-raped for attempting to prevent a child marriage. Women’s groups filed a PIL seeking enforcement of the fundamental right of working women to be protected from sexual harassment.

The Vishaka Guidelines

The Supreme Court laid down binding guidelines on sexual harassment at workplace:

  • Definition: Sexual harassment includes unwelcome sexually determined behaviour — physical contact, demand for sexual favours, sexually coloured remarks, showing pornography, any unwelcome physical/verbal/non-verbal conduct of sexual nature
  • Every employer must establish a Complaints Committee headed by a woman, with at least half women members and one external member
  • Employers must prohibit sexual harassment through standing orders, service rules
  • Third party harassment must also be addressed by the employer
  • Annual reports on compliance must be filed

Impact & Significance

The Vishaka Guidelines were binding law for 16 years until replaced by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This judgment demonstrated the Supreme Court’s power to fill legislative vacuums through judicial law-making. It remains the most cited women’s rights judgment in India.

Tags & Related Topics

Constitutional Law Women's Rights Article 14 Article 15 Article 19(1)(g) Article 21
← Previous Judgment Vineet Narain v. Union of India (Hawala Case)
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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