Vishaka v State of Rajasthan (1997)

Human Rights Law · National Commission for Backward Classes

Facts.

A social worker was gang-raped for stopping a child marriage, and there was no law against sexual harassment at the workplace. A PIL sought protection for working women.

Issue.

In the absence of a statute, could the Supreme Court draw on international law (CEDAW) to protect women against workplace sexual harassment?

Held.

Yes. The Court read CEDAW into Articles 14, 19 and 21 and laid down binding Vishaka Guidelines, which held the field until Parliament enacted the Sexual Harassment of Women at Workplace Act, 2013.

Why it matters.

The clearest Indian example of an international convention being used to create enforceable rights, and the foundation of India’s law against sexual harassment.

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