## Facts

- A government-employed social worker in Rajasthan was gang-raped while performing duties connected to a state women’s development program and attempting to prevent a child marriage.
- Women’s rights activists and NGOs filed a public interest writ petition seeking systemic protections for working women rather than case-specific criminal relief.
- The petition invoked constitutional rights to equality, non-discrimination, freedom to work, and life with dignity, emphasizing the absence of effective workplace safeguards against sexual harassment.
- The alleged perpetrators’ criminal prosecution proceeded separately; the petition focused on constitutional enforcement and prevention mechanisms.
- The respondents included the State of Rajasthan, the Union of India, and other public authorities.

## Issues

1. Whether workplace sexual harassment violates constitutional rights to equality, non-discrimination, freedom to practice a profession, and life with dignity.
2. Whether, in the absence of specific legislation, the court may rely on constitutional guarantees and ratified international norms to formulate enforceable standards.
3. What duties employers and responsible authorities have to prevent, deter, and redress workplace sexual harassment.

## Decision

- The court held that workplace sexual harassment violates constitutional rights to equality and non-discrimination and the right to life with dignity, and it also impairs the right to pursue an occupation by denying a safe working environment.
- Given the legislative gap, the court issued binding guidelines to operate until enacted legislation addressed the field.
- The court imposed duties on employers and responsible workplace authorities to prevent harassment and to provide effective complaint and redress mechanisms.
- The court directed that the guidelines would have binding effect as court-declared law until replaced by legislation.

## Legal Principles

- Workplace sexual harassment is a constitutional wrong that infringes equality and non-discrimination guarantees and the right to live with dignity.
- A safe workplace is a condition of meaningful freedom to pursue a profession or occupation.
- When fundamental rights enforcement is sought and legislation is absent, constitutional adjudication may supply enforceable norms to ensure effective protection.
- Ratified international obligations addressing discrimination in employment may inform constitutional interpretation where consistent with domestic constitutional guarantees.
- Minimum workplace standards include:
  - A definition of sexual harassment covering unwelcome sexually determined conduct (physical, verbal, or non-verbal), including demands for sexual favors, sexually colored remarks, and display of pornography.
  - Preventive steps by employers, including clear prohibition notices and appropriate working conditions.
  - An accessible complaints committee mechanism, headed by a woman, with substantial female representation and independent/third-party participation.
  - Procedural protections such as confidentiality, protection against retaliation, prompt inquiry, and appropriate disciplinary measures consistent with service rules.
  - Application across public and private workplaces where women work or are present in a work-related capacity.

## Conclusion

The court treated workplace sexual harassment as a violation of constitutional rights and, to remedy the absence of legislation, created binding interim standards requiring employers and authorities to prevent harassment and provide fair, effective workplace complaint procedures until statutory regulation was enacted.


Vishaka & Others v. State of Rajasthan & Others, 3 B.H.R.C. 261 (India 1997)