Court: Supreme Court of India · Date: 13 August 1997 · Citation: (1997) 6 SCC 241
Bench: J.S. Verma, C.J.; Mrs. Sujata V. Manohar, J.; B.N. Kirpal, J.
Case
Vishaka v. State of Rajasthan
Facts
PIL after a brutal crime against a social worker; the Court confronted the absence of an adequate domestic sexual-harassment framework at workplaces.
Legal issues
How is workplace sexual harassment addressed when domestic legislation is absent?
Law / provisions
Articles 14, 15, 19, 21; international conventions as interpretive aids; guidelines as interim law.
Holding
Laid down Vishaka Guidelines as binding interim law until Parliament legislated — defining harassment, employer duties, complaint mechanisms, and preventive obligations.
Key takeaways
- Constitutional courts can fill legislative silence with enforceable guidelines in rights vacuums.
- Workplace dignity is an equality and Article 21 concern.
- Later POSH legislation builds on this foundation — still teach Vishaka for the gap-filling moment.
Significance
Birth of structured workplace sexual-harassment law in India.
Primary source
https://indiankanoon.org/doc/1031794/
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Education desk note — Advocate Adesh Kumar — advadeshkumar.com
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