Vishaka v. State of Rajasthan (1997)
After the gang rape of social worker Bhanwari Devi and the absence of any sexual harassment law, the Supreme Court read workplace protections into Articles 14, 19 and 21. It issued binding guidelines under the name Vishaka.
Employers across India were ordered to set up internal complaints committees on the strength of the judgment alone.
Parliament passed the Sexual Harassment of Women at Workplace Act in 2013, sixteen years after the court filled the gap.
Vishaka is the template the court is reusing. Declare a right under Article 21, issue executive-style guidelines, leave Parliament to catch up.
