The document summarizes the Vishakha vs State of Rajasthan case, a landmark 1997 Indian Supreme Court case that established guidelines against sexual harassment of women at the workplace. It discusses how Bhanwari Devi, a social worker who was gang raped for stopping a child marriage, inspired women's groups to file the case. The Supreme Court decided that international conventions support gender equality and dignity at work under the Indian Constitution. It defined sexual harassment and set guidelines for employers to prevent such harassment.

1. Kiran Varma - IndianlawInfo
Vishakha vs state case
By Kiran Varma - IndianlawInfo

2. Kiran Varma - IndianlawInfo
Contents
1. About
2. History
3. What is Sexual Harassment
4. Harassment of Women in WorkSpace
5. Who is Bhanwari Devi
6. The Court Decision
7. References

3. Kiran Varma - IndianlawInfo
1. About
Vishakha and others v State of Rajasthan was a 1997 Indian Supreme Court case
where Vishakha and other women groups filed Public Interest Litigation (PIL)
against State of Rajasthan and Union of India to enforce the fundamental rights of
working women under Articles 14, 19 and 21 of the Constitution of India.
The petition was filed after Bhanwari Devi, a social worker in Rajasthan was
brutally gang raped for stopping a child marriage.

4. Kiran Varma - IndianlawInfo
2. History
● In India, before 1997, there were no formal guidelines for how an incident
involving sexual harassment at workplace should be dealt by an employer.
● Women experiencing sexual harassment at workplace had to lodge a
complaint under Section 354 of the Indian Penal Code that deals with the
'criminal assault of women to outrage women's modesty' and Section 509 that
punishes an individual or individuals for using a 'word, gesture or act intended
to insult the modesty of a woman'.
● These sections left the interpretation of 'outraging woman's modesty' to the
discretion of the police officer

5. Kiran Varma - IndianlawInfo
3. What is Sexual Harassment
Sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by
implication) as:
a) physical contact and advances; b) a demand or request for sexual favours; c) sexually coloured
remarks; d) showing pornography; e) any other unwelcome physical verbal or non-verbal conduct of
sexual NATURE
Where any of these acts is committed in circumstances where under the victim of such conduct has a
reasonable apprehension that in relation to the victim’s employment or work whether she is drawing
salary, or honorarium or voluntary, whether in government, public or private enterprise such conduct can
be humiliating and may constitute a health and safety problem.

6. Kiran Varma - IndianlawInfo
4. Harassment of Women in WorkSpace
1. Prevent the happening of such event
2. To furnish the employees with effective mechanism for the process of resolving & trying of such indecent
acts of sexual harassment
3. For this purpose “Sexual harassment” means disagreeable sexually determined behavior direct or indirect
as:
● physical contact and advances;
● a demand or request for sexual favours;
● sexually coloured remarks;
● showing pornography;
● any other unwelcome physical, verbal or non-verbal conduct of sexual nature

7. Kiran Varma - IndianlawInfo
5. Who is Bhanwari Devi
In 1992 Bhanwari Devi a social worker in Rajasthan was brutally gang raped by a
number of upper class men, because she had tried to stop a child marriage.
Bhanwari Devi was determined to get justice and lodged a case against the
offenders.
However, the accused was acquitted by a trial court. This appalling injustice,
together with the fighting spirit of Bhanwari Devi, inspired several women’s groups
and NGOs to file a petition in the Supreme Court under the collective platform of
Vishakha.

8. Kiran Varma - IndianlawInfo
6. The Court Decision
The court decided that the consideration of "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."
Supreme Court of India defined sexual harassment and set guidelines for
employers.

9. Kiran Varma - IndianlawInfo
Reference
All the content used is under free to use policy of CC.5.0 all the sources are
mentioned below and all the credits for creators and developers.
Content sources :
https://en.wikipedia.org/wiki/Vishakha_and_others_v_State_of_Rajasthan#What_i
s_sexual_harassment
http://lawtimesjournal.in/vishakha-vs-state-of-rajasthan/
Image Sources :
https://www.livelaw.in/cms/wp-content/uploads/2015/11/Sexual-Harassment-at-
Workplace-min.jpg