Vishaka & Ors. V/s State of Rajasthan

  • Ritul Tyagi
  • September 8, 2020

Content :

Vishaka & Ors. V/s State of Rajasthan  is a case which offers with the evil of Sexual Harassment of girl at her workplace. It is a landmark judgment case in the records of sexual harassment which as being determine by using Supreme Court. Sexual Harassment means an uninvited/unwelcome sexual desire or sexual gestures from one gender closer to the different gender. 

Prior to the Vishaka case, there have been no formal guidelines which addressed prevention of harassment of girls at the workplace. There are provisions within the Indian legal code (hereinafter I.P.C), 1860 which affect the offence of harassment. Section 354 of the I.P.C speaks of any assault or criminal force done upon a lady with the intent of outraging her modesty. Punishment under section 354 includes imprisonment for a minimum of one year which can reach five years and fine .

Section 354-A of the I.P.C speaks about harassment. As per this section, harassment includes the following:-

• Physical contacts and advances involving unwelcome and explicit sexual overtures; or
• A demand or request for sexual favors,
• Showing pornography without the woman’s will or,
• Making sexually colored remarks. 

The idea of  “women empowerment is deep rooted in the social action developed inside the  grass-roots  actions in the United States of America in the 1960’s & 70”s within the context of civil rights and also the rights of  women. Therefore, in a country like India too women had been given the role of Goddess who had been worshipped as Goddess- Laxmi, Durga & Parvati however these days the situation is no longer the same. Thus, nowadays ladies   being self- established and although conserving right positions face harassment, inequality, and biasness at workplace. Not solely this, the trouble of Sexual Harassment at the workplace  has usually been one of the pivotal challenge of the women’s motion because a long time. It is a popular reality that women’s emancipation and her security & safety are most imperative for the complete country. However this whole situation absolutely shattered after the dark incident which took location in the year 1992 and popularly acknowledged as- Vishaka Case. After which the Supreme Court gave Vishaka pointers to curb Sexual Harassment of girls at workplace.

JUSTICE ARJIT PASAYAT  said their beautiful thought that- while a murderer destroys the physical frame of the victim, on the different hand the rapist defiles the soul of a helpless female or women.