Vishaka v. State of Rajasthan

Facts

• Bhanwari Devi, a social worker in Rajasthan, was gang-raped in retaliation for her efforts to prevent child marriage
• PIL filed highlighting the complete absence of domestic law on sexual harassment at the workplace
• India was a signatory to CEDAW but had not enacted domestic legislation implementing its provisions on workplace harassment
• Question arose whether international norms could fill the domestic legislative gap

Issue

1. Whether international conventions (specifically CEDAW) can be used to fill gaps in domestic law when no contradictory domestic legislation exists on the subject.

Held

• Where there is no domestic legislation on a subject and an international convention to which India is a party addresses it, the convention can be read into domestic law
• Courts can fill legislative gaps by importing international norms
• The court laid down the Vishaka Guidelines for prevention of sexual harassment at the workplace, drawing from CEDAW
• International conventions are enforceable in domestic law where no contrary legislation exists

Ratio Decidendi

International conventions, even if not separately enacted into domestic legislation, can be used as interpretive aids to fill gaps in the municipal legal framework. When Parliament has not acted on a subject but India has accepted international obligations, courts may import those norms to provide a remedy. This approach bridges international law and municipal law without requiring formal legislative transformation.