Question

Based on which case the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 was enacted?

• A. Shaheen Abdullah v. Union of India
• B. Aruna Ramachandra Shanbaug v. Union of India
• C. Maneka Gandhi v. Union of India
• D. Vishaka v. State of Rajasthan

Hint:

Remember that the Vishaka guidelines were instrumental in formulating the laws to protect women from sexual harassment in the workplace.

Answer 1

The Correct Option is D

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, was enacted based on the Supreme Court ruling in the case of Vishaka v. State of Rajasthan. In this case, the Court laid down guidelines for employers to prevent and address sexual harassment at the workplace, which later formed the foundation for this legislative action. 
 

Answer 2

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 was enacted as a direct outcome of the landmark judgment in the case of Vishaka v. State of Rajasthan, delivered by the Supreme Court of India in 1997.

In this case, Bhanwari Devi, a social worker in Rajasthan, was gang-raped by five men while attempting to prevent a child marriage. When the criminal justice system failed to deliver timely justice, several women's rights groups filed a Public Interest Litigation (PIL) in the Supreme Court under the collective name "Vishaka." The petitioners highlighted the absence of any effective law to address sexual harassment at the workplace, thereby violating the fundamental rights of working women under Articles 14, 15, 19, and 21 of the Constitution of India.

The Supreme Court, recognizing this legal vacuum, laid down the Vishaka Guidelines — a set of procedural safeguards to protect women from sexual harassment at the workplace. These guidelines held that sexual harassment violates fundamental rights and mandated all employers to establish mechanisms to address such complaints. Though these were initially meant to be interim measures, they were treated as binding law until formal legislation was passed.

As a result, the Vishaka case became the foundation for legislative action. It took over a decade for Parliament to enact a comprehensive law, culminating in the Sexual Harassment of Women at Workplace Act in 2013. This Act incorporated many of the principles laid down by the Supreme Court and formalized the requirement for Internal Complaints Committees, employer responsibilities, and redressal mechanisms.

Thus, the case of Vishaka v. State of Rajasthan remains a turning point in the legal and social recognition of women’s rights and workplace safety in India.