Vishaka and Others vs the State of Rajasthan: The Importance of Due Process and Its Effectiveness in Addressing Sexual Harassment

Abstract

Vishaka and others Vs state of Rajasthan has been long considered a landmark judgement in paving the path for woman security and prevention of sexual harassment. This judgment gave special attention to sexual harassment that arose out of the workplace and tried to set effective mechanisms that could be used to manage and curb sexual harassment arising out of the workplace . This was done by setting in place a set of twelve guidelines that would guide and make it an obligation for employers to set up, and effectively implement anti-sexual harassment practices. All these however seem more practicable in theory because the guidelines and the apparent problem they wish to abridge are far more complex and dynamic than what the guidelines could effectively cover . Besides a long time has passed since these guidelines came into existence, the work environment has immensely changed which has impacted sexual harassment and as we have come to know it today. Today, it’s not only the outcome that is looked at, it’s the process that was taken to reach the outcome that matters too. While the Vishaka guidelines paved the way for a potential route one could have taken to address complaints about sexual harassment, it isn’t the only way that is available and thereby, understanding these guidelines and the due process that goes into serving justice and constitutional equality becomes all the more essential to understand. This paper thereby would emphasize on the importance and relevance of “due process”, different kinds of due processes and how sexual harassment can be understood as a hindrance to equality and not just modesty.