LANDMARK CASE

Vishaka v. State of Rajasthan

(1997) 6 SCC 241 · Supreme Court of India · Gender and labour law

At a glance

Citation: (1997) 6 SCC 241
Court: Supreme Court of India
Area of law: Gender and labour law
In one line: The Court framed binding guidelines, drawing on CEDAW and Articles 14, 15, 19 and 21, to apply until Parliament legislated.

1 Facts

After the gang rape of a social worker in Rajasthan who tried to stop a child marriage, women's groups filed a PIL on workplace sexual harassment.

2 Issue

How should women be protected from sexual harassment at work when there is no law on it?

3 What the court decided

The Court framed binding guidelines, drawing on CEDAW and Articles 14, 15, 19 and 21, to apply until Parliament legislated.

4 Why it matters

The Vishaka guidelines governed for sixteen years and were replaced by the POSH Act, 2013.

5 Think about it

Is it proper for a court to lay down guidelines that work like legislation? When is it justified?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

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A short teaching summary for students. Educational content only, not legal advice.