Case that changed the law of India for Rape cases

Before the implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 it was Vishakha Guidelines which ensured a safe working environment for women. The precursor of the Act as well the guidelines issued by the Supreme Court the BHANWARI DEVI RAPE CASE, which started with the opposition of child marriage to caste struggle, harassment, gang rape leading to the recognition of the issue of sexual harassment at work place hence, the law relating to the issue.

BACKGROUND:

In 1992, Bhanwari Devi a “sathin”, an employee under the Rajasthan govt’s women and child department for the purpose of spreading awareness regarding various social issues, filed a complaint against an influential family of the area who were conducting the marriage of a nine months old girl with an infant, which lead to anger and hostility in the village. The family was asked to be boycotted and no one was allowed to buy pots or milk from them. Later, when the couple went to the field to collect fodder for their cattle, they were accosted by five men. The husband was beaten and held by 2 while Bhanwari Devi was raped by the other three. The act meant to suppress and strike fear in the family resulted in the year long legal battle which shaped the law regarding the workplace environment for women.

LEGAL FIGHT:

In 1995, the Jaipur trial court acquitted the five accused on the ground that men from different castes can’t be involved in gang rape, also 2 of them were more than 60 years old, physically incapable of conducting the act. The judgment started another round of nationwide protests. Several NGOs for women’s rights, namely Vishakha, Women’s rehabilitation Group from Rajasthan and Jagori and Kali for Women from Delhi filed a PIL in the Supreme Court of India under Vishakha and Ors. v State of Rajasthan, on the grounds that Bhanwari Devi an employee under the Rajasthan govt was harassed in the course of conducting her duty, hence, enforcement of Articles 14, 19 and 21 of the Constitution of India

JUDGMENT:

In 1997, the Supreme Court, in a historic Judgment gave country’s first guidelines for sexual harassment in the workplace, commonly called as Vishakha Guidelines, which later lead to Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

CONCLUSION:

Bhanwari Devi, a social worker from rural background who was merely conducting her duty for which she was employed for, faced continuous objections from society for raising issues she deemed were important. It was her efforts which laid the foundation for a particular Act regarding workplace harassment, prior to which such cases were filed under the sections of the IPC.

The case of Bhanwari Devi took a lot of efforts in different parts of society to gain a bit of justice. The legal battle is a long process which could become easier if proper legal help is obtained. Lead India provides best legal assistance for various issues, offering a wide range of well-experienced lawyers. An on-call as well online legal advice service is provided to resolve your queries.