VISHAKA AND ORS. versus STATE OF RAJASTHAN AND ORS.

Citation: [1997] SUPP. 3 S.C.R. 404 · Decided: 13-08-1997 · Supreme Court of India · Bench: J.S. VERMA · Disposal: Disposed off

Judgment (excerpt)

A 
B 
VISHAKA AND ORS. 
v. 
STATE OF RAJASTHAN AND ORS. 
AUGUST 13, 1997 
[J.S. VERMA CJ, SUJATA V. MANOHAR 
AND B.N. KIRPAL, JJ.] 
Constitution of India-Articles 14, 15, 19 and 21-Fundamental 
Rights-Working women-Gender equality-Sexual harassment of working 
C women in work places-Held, such incidents result in violation of 'gender 
equality' as also Right to /if e and liberty and the right to practice profession 
or to carry out occupation, trade or business. 
Arlie/es 51 ( c ), 253--f'ower of Parliament to enact laws-Absence of 
domestic law occupying the field-Value and significance of the International 
D Convention and norms-Held, the International Convention and norms are 
of great significance and Parliament has the power to enact laws for im-
plementing the same. 
Arlie/es 32, 141-Power of the Supreme Coult to enforce Fundamental 
E Rights-To lay down guidelines and nonns in the absence of any legisla-
tion-Held, Supreme Coult has power to lay down guidelines and norms for 
due observance in work places or institutions, until a legislation is enacted 
and such norms would be treated as law. 
The present petition was filed for the enforcement of fundamental 
F 
rights of working women under Articles 14, 19 and 21 of the Constitution 
of India. It was brought as a class action by certain social activists and 
NGOs with the aim of focussing attention towards societal. aberration and 
assisting in finding suitable methods for realisation of the true concept of 
'gender equality'; to prevent sexual harassment of working women in all 
G work phces through judicial process, and to fill the vacum in existing 
legislation. The immediate cause for the filing of present petition was an 
incident of alleged brutal gang rape of a social worker in a village in 
Rajasthan. · 
Disposing of the writ petition and formulating guidelines and norms 
H in exercise of powers under Article 32 of the Constitution, this Court 
404 
VISHAKA v. STATE 
405 
HELD : 1. Each incident of sexual harassment of working women A 
results in violation of fundamental rights of 'Gender Equality' and the 
'Right to Life and Liberty'. It is a clear violation of the rights under 
Articles 14, 15 and 21 of the Constitution. One of the logical consequences 
of such incident is also the violation of the victim's fundamental rights 
under Article 19(1)(g) 'to practice any profession or to carry on any B 
occupation, trade or business'. [407·A] 
2. In the absence of domestic law occupying the field, to formulate 
effective measures to check the evil ofsexual harassment of working women 
at all working places, the contents of International Convention and norms 
are significant for the purpose of interpretation of the guarantee of gender C 
equality, right to work with human dignity enshrined in Articles 14, 15, 
19(1)(g) and 21 of the Constitution and the safeguards against sexual 
harassment implicit therein. This is implicit from Article 51(c) and the 
enabling power of the Parliament to enact laws for implementing the Inter-
national Conventions and norms by virtue of Article 253 read with Entry 
14 of the Union List in Seventh Schedule of the Constitution. [ 410-A-C] 
D 
3. The power of the Supreme Court under Article 32 for enforcement 
of fundamental rights and the executive power of the Union have to meet 
the challenge to protect the working women from sexual harassment and 
to make their fundamental rights meaningful. Governance of the society E 
by the rule of law mandates this requirement as a logical concomitant of 
the Constitutional scheme. [ 410-E] 
4. Gender equality includes protection from sexual harassment and 
right to work with dignity, which is a universally recognised basic human 
right. The common minimum requirement of this right has achieved global F 
acceptance. The International Convention and norms are of great sig-
nificance in the formulation of guidelines to achieve this purpose. [ 410-fCJ 
5. The meaning and content of the fundamental rights guaranteed in 
the Constitution of India are of significant amplitude to encompass all the G 
facts. of gender equality including prevention of sexual harassment or 
abuse. Independence of Judiciary forms a part of our constitutional 
scheme. The International Convention and norms are to be read into them 
in the absence of enacted domestic law occupying the field when there is 
no inconsistency between them. It is an accepted rule of Judicial construc-
tion that regard must be had to I

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