Constitutional protection against workplace sexual harassment was expanded through international norms and binding interim guidelines.

In the absence of enacted domestic legislation, the constitutional guarantees of equality, dignity and the right to practise a profession were held to support reading international conventions and norms into fundamental rights to protect working women from sexual harassment at the workplace. The Court further held that, where such harassment violated fundamental rights and a legal vacuum existed, it could issue binding guidelines under Article 32 to prevent and redress workplace sexual harassment until suitable legislation was enacted. Those guidelines were declared enforceable as law until superseded by legislation.

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Issues: (i) Whether, in the absence of enacted domestic law, the constitutional guarantees of equality, dignity and freedom to practise a profession permit the Court to read international conventions and norms into fundamental rights so as to protect working women from sexual harassment at the workplace. (ii) Whether the Court could, in exercise of its power under Article 32, lay down binding guidelines and norms to prevent and redress sexual harassment at workplaces until suitable legislation is enacted.

Issue (i): Whether, in the absence of enacted domestic law, the constitutional guarantees of equality, dignity and freedom to practise a profession permit the Court to read international conventions and norms into fundamental rights so as to protect working women from sexual harassment at the workplace.

Analysis: The constitutional guarantees under Articles 14, 15, 19(1)(g) and 21 were treated as embodying gender equality, dignity and the right to work in a safe environment. In the absence of domestic legislation occupying the field, international conventions and norms consistent with fundamental rights were held relevant to enlarge and explain the content of those guarantees. The Court relied on the constitutional scheme permitting use of international obligations and the executive power of the Union to support enforcement of such rights.

Conclusion: The answer is in the affirmative. International conventions and norms could be read into the fundamental rights to prevent sexual harassment and to protect working women at the workplace.

Issue (ii): Whether the Court could, in exercise of its power under Article 32, lay down binding guidelines and norms to prevent and redress sexual harassment at workplaces until suitable legislation is enacted.

Analysis: The Court found that sexual harassment of working women constituted a violation of fundamental rights and that the absence of enacted law created a legal vacuum requiring immediate protective measures. It therefore framed mandatory guidelines for employers and responsible persons, including preventive steps, complaint mechanisms, complaints committees, disciplinary action, criminal complaint procedures, awareness measures and governmental consideration of legislation. The Court declared that these directions would operate as law declared by it until the field was occupied by legislation.

Conclusion: The answer is in the affirmative. The Court could, and did, issue binding workplace guidelines and norms under Article 32 until appropriate legislation is enacted.

Final Conclusion: Working women were held entitled to constitutional protection against sexual harassment at the workplace, and the framed guidelines were made enforceable across workplaces until legislative action supplanted them.

Ratio Decidendi: Where domestic law is silent, the Court may rely on international conventions consistent with constitutional guarantees to give full effect to fundamental rights, and may issue enforceable protective guidelines under Article 32 to remedy their violation.

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