Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

Vishaka and Ors. v. State of Rajasthan and Ors.

Cite this Article

Janvi Shah (2026). Vishaka and Ors. v. State of Rajasthan and Ors.. The Indian Journal for Research in Law and Management, Volume III(Issue 7). Retrieved from https://ijrlm.com/journal/vishaka-and-ors-v-state-of-rajasthan-and-ors/

Abstract

Vishaka and Ors. v. State of Rajasthan and Ors. (1997) stands as a defining moment in Indian jurisprudence on gender justice and workplace rights. Arising from the brutal gang rape of Bhanwari Devi, a social worker who attempted to prevent a child marriage, and the subsequent failure of the criminal justice system to deliver accountability, this case compelled women's rights organizations to approach the Supreme Court through a Public Interest Litigation. The Court, recognizing a critical legislative vacuum, exercised its powers under Article 32 to formulate the landmark "Vishaka Guidelines," binding on all employers. This case note examines the factual background, constitutional issues, judicial reasoning, and the lasting legacy of the judgment, which ultimately laid the foundation for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

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