Vishaka v. State of Rajasthan

The background

After the brutal gang-rape of Bhanwari Devi, a social worker in Rajasthan, and faced with the complete absence of any law on sexual harassment at the workplace, women's groups filed a public-interest petition asking the Court to fill the gap.

The decision

Drawing on international conventions such as CEDAW, the Court defined workplace sexual harassment and laid down the binding Vishaka Guidelines - placing a duty on every employer to prevent, prohibit, and redress it. The guidelines were to have the force of law until Parliament enacted proper legislation.

What it changed

For the first time, workplace sexual harassment was recognised as a violation of the fundamental rights to equality, life, and the freedom to practise any profession. The guidelines governed Indian workplaces for sixteen years and became the direct basis of the Sexual Harassment of Women at Workplace (POSH) Act, 2013. It is also a landmark example of the judiciary making interim law to fill a legislative vacuum.