Vishaka v. State of Rajasthan
[1997] Supp 3 SCR 404 · Supreme Court of India · Decision date: 1997-08-13
Key issue
Can constitutional rights support enforceable workplace safeguards where specific legislation is absent?
Facts
The alleged gang rape of a social worker in Rajasthan prompted petitions addressing the absence of effective protection against workplace sexual harassment. Case number: W.P. (Crl.) 666–670/1992
Holding
Workplace sexual harassment violates gender equality and dignity. Binding guidelines were issued until legislation occupied the field. International conventions consistent with fundamental rights can inform their interpretation in a legislative vacuum. Employers were directed to prevent harassment, provide complaint mechanisms and establish committees headed by women, with at least half women members and outside participation. Single judgment by J.S. Verma CJ; no dissent recorded. Provisions considered at judgment date: Constitution: Articles 14, 15, 19(1)(g), 21 and 32; CEDAW.
Pinpoints
PDF p. 6 — International norms and constitutional setting; PDF p. 11 — Binding guidelines; PDF p. 13 — Complaint mechanism; PDF p. 14 — Committee requirements; PDF p. 15 — Operative direction. PDF page numbers are 1-based and may differ from printed reporter pages.
Verification status
Source checked
Source note
Original TLG research note based on the linked official judgment, not an official court summary. Source identity and selected holding passages checked on 4 November 2026.
Current treatment
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 now provides a statutory framework. Use the Act for current procedure, rather than treating the original guidelines as the complete framework. Historical case note; exhaustive subsequent treatment and current statutory application have not been checked.