VISHAKA VS. STATE OF RAJASTHAN : CRITICAL ANALYSIS
Abstract
The Vishak and ors. V. State
of Rajasthan was a landmark judgment of the Supreme Court in the year 1997.
Vishaka is a NGO of women’s group led by Naina kapur and her Organisation,
filed PIL against the State of
Rajasthan under writ of mandamus to enforce the fundamental rights of working
women under article 14, 15, 19 and 21 of the Constitution of India.
The
petition was filed after Bhanwari devi, a
social worker in Rajasthan under government social welfare scheme, was ganged
raped for performing her duty. The sub ordinate courts did not the grant any
relief to bhanwari devi .The apex court take the cognizance into the matter
while upholding the true spirit of judicial review laid down guidelines which
came to be known as The Vishaka Guidelines.
Later on these guidelines
led to the enactment of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition, and redressal) Act, 2013. This case plays crucial
role in addressing the lack of legal provision for women’s protection against
sexual harassment at the workplace.
KEYWORDS: Writ, Mandamus, PIL, Act
