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Workplace Sexual Harassment Guidelines

Advocate Armin legal case study

Vishaka v. State of Rajasthan

Court: Supreme Court of India | Year: 1997

The Court framed binding workplace sexual harassment guidelines to protect women’s fundamental rights until legislation was enacted.

Vishaka v. State of Rajasthan is a landmark gender justice decision. The petition was brought for enforcement of the fundamental rights of working women under Articles 14, 19, and 21.

In the absence of a specific statute at that time, the Supreme Court framed guidelines for prevention and redressal of sexual harassment at the workplace.

The decision is important for interns because it shows how constitutional remedies can be used to fill legislative gaps in matters involving fundamental rights.

Key Learning Points

  • Recognised workplace sexual harassment as a constitutional rights issue.
  • Laid down Vishaka Guidelines.
  • Relied on equality, dignity, and safe working conditions.
  • Influenced later statutory framework on workplace harassment.

Intern Takeaway

Understand how writ jurisdiction can operate where fundamental rights need immediate protection and statutory law is insufficient.

Reference: Read source material

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