Landmark Judgments

9.1 Vishaka v. State of Rajasthan (1997) — SC Constitution Bench

The originating case. After Bhanwari Devi's rape, a 5-judge Constitution Bench issued the Vishaka Guidelines as a temporary measure until legislation was passed. Key holdings:

• Sexual harassment at the workplace violates Articles 14, 15, 19(1)(g), and 21
• CEDAW (India ratified 1993) requires India to prevent workplace discrimination including sexual harassment
• Employers have a duty to provide a safe workplace, prohibit sexual harassment, and provide a mechanism for complaint

9.2 Apparel Export Promotion Council v. A.K. Chopra (1999) — SC

Held: Sexual harassment does not require physical touching — verbal harassment, unwanted attention, and creation of a hostile environment equally violate dignity. An employee can be dismissed for such behaviour even without physical contact.

9.3 Medha Kotwal Lele v. Union of India (2013) — SC

Held: The Vishaka Guidelines must be applied strictly. The SC directed all High Courts to monitor compliance by State governments. Issued detailed orders for implementation of the then-proposed legislation — accelerated enactment of the POSH Act.

9.4 Aureliano Fernandes v. State of Goa (2023) — SC

Held: Inquiry under POSH Act must strictly follow principles of natural justice — the respondent must be given a fair opportunity to present his case. The Court set aside inquiry findings where the respondent was denied adequate notice and hearing.

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