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In Vishaka v. State of Rajasthan (1997), the Supreme Court laid down guidelines to prevent sexual harassment at workplace. Which international convention primarily informed these guidelines?
- Universal Declaration of Human Rights
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
- International Covenant on Civil and Political Rights
- Convention on the Rights of the Child
Answer: Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Vishaka (1997) sexual harassment guidelines and CEDAW: (a) Context: Sexual harassment of social worker in Rajasthan; no specific legislation on workplace sexual harassment at that time, (b) Supreme Court holding: (i) Laid down binding guidelines (Vishaka Guidelines) to prevent sexual harassment at workplace, (ii) Guidelines based on CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women), which India ratified, and Articles 14, 15, 19, 21 of Constitution, (iii) Key measures: Complaint committees, prevention mechanisms, victim protection, employer liability, awareness programs, (c) Applications: (i) Operationalized until Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, (ii) Foundation for gender justice jurisprudence: Shayara Bano (triple talaq), Joseph Shine (adultery), Navtej Singh Johar (LGBTQ+ rights), (iii) International law: CEDAW obligations inform constitutional interpretation; international conventions ratified by India can fill legislative gaps, (d) Subsequent developments: (i) POSH Act, 2013: Codified Vishaka Guidelines into statutory framework with institutional mechanisms (Internal Complaints Committees, Local Complaints Committees), (ii) Awareness: Training programs, awareness campaigns in workplaces, educational institutions on sexual harassment prevention, (e) Rationale: (i) Gender equality: Workplace sexual harassment violates women's right to equality, dignity, safe working environment, (ii) International obligations: India's ratification of CEDAW creates obligation to eliminate discrimination against women, including workplace harassment, (iii) Judicial activism: Courts can issue guidelines when legislative vacuum violates fundamental rights; temporary measure until Parliament legislates, (f) Illustrates transformative constitutionalism: Using constitutional values, international law to advance gender justice; judicial activism as tool for social transformation when legislative action delayed.