Author: Sayeeswari, Vistas University
TO THE POINT
Vishaka vs State of Rajasthan is a case that had a significant impact by drawing attention to the need to address sexual harassment and understand the depth of torture faced by women and girls. Sexual abuse does not only refer to physical acts but also includes physical and mental torture. The audacity of taking women for granted and abusing them is among the most serious criminal actions and must be punished immediately. In today’s world, even the term “abuse” is frequently used, as the percentage of abuse occurring today is high. Since punishments are not very effective and there are loopholes to escape from crimes committed, escaping justice has become easier. But the Vishaka Guidelines are exceptional and useful, having helped many cases conclude justly. Following them, POSH and POCSO were introduced in the future to address, validate, and provide justice to victims. Therefore, the impact of the case Vishaka vs State of Rajasthan is more than we often recognize.
ABSTRACT
The incident took place around 1997 and involved a lower-caste woman named Bhanwari Devi, a social worker in Rajasthan who was engaged in a government program to prevent child marriages. In 1992, as part of her duties, she tried to stop a child marriage in a Gujjar family, which led to her being gang-raped by five men from a dominant caste. Due to lack of evidence and wrongful declarations, justice was not served. Later, multiple groups working for women’s rights began demanding protection against sexual harassment, a major issue in the workplace, which came to light after the Vishaka case. This case greatly impacted the judicial system and helped identify gaps and loopholes in the system. Sexual harassment violates basic fundamental rights such as the right to live with dignity and the right to equality, as guaranteed in the Indian Constitution. Before the Vishaka case, no proper laws or provisions existed to prevent or strictly act against such harassment. However, the Supreme Court introduced the Vishaka Guidelines to protect women from workplace harassment on August 13, 1997. Then, under Article 141 of the Constitution, proper legislation was enacted, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 was introduced.
USE OF LEGAL JARGON
The “Vishaka Guidelines” outlined the responsibilities of employers to prevent and address sexual harassment, including mechanisms and committees. They defined sexual harassment as any unwelcome sexual gesture or behaviour that violates individual dignity and the right to work. Employers are duty-bound to maintain a safe workplace where no sexual harassment occurs, and to take preventive steps like creating awareness so that no female employee feels disadvantaged for objecting to harassment. If harassment occurs and a female employee suffers, there is a formal process to file a complaint and resolve the issue. These complaints must be handled by the Internal Complaints Committee. Other employees should also be empowered to address witnessed incidents easily. Fundamental rights must not be violated, and the right to work should be ensured without fear of harassment. Even after these Guidelines, if harassment still takes place, criminal proceedings and disciplinary actions against offenders should be pursued. These were the Guidelines concerning workplace sexual harassment, later revised and formally enacted as the Sexual Harassment of Women at Workplace (Prohibition, Prevention, Redressal) Act, 2013.
PROOF
Although the POSH (Prevention of Sexual Harassment) Act of 2013 is a revised version of the Vishaka Guidelines, it includes those Guidelines along with essential new provisions to address emerging issues as society evolves and cases increase. This Act defines sexual harassment as any behaviour verbal, physical, or visual of a sexual nature, including demands or requests for sexual favours, promises of favourable treatment in exchange for such favours, threats, or other unwelcome sexual conduct. A complaint can be filed either by the victim or any person on her behalf with the Internal Complaints Committee or the Local Complaints Committee, depending on the size of the workplace. Actions such as reprimanding the accused, transferring, suspending, or terminating them, and filing a criminal complaint may follow. Still, the POSH Act also protects the victim by ensuring the confidentiality of the complaint, protection from retaliation, and access to legal aid.
The Important provisions to be aware of in cases of sexual harassment include:
• Section 2(n) – Definition of sexual harassment
• Section 4 – Internal Complaints Committee
• Section 6 – Local Committee
• Section 9 – Filing complaints under the POSH Act
• Section 11(4) – Time-bound justice
Important provisions under the Indian Penal Code:
• Section 354 – Assault/ use of criminal force on a woman( child or adult).
• Section 509 – Acts, words, gestures intended to insult a woman (child or adult) even without physical contact.
These also include actions like forcing someone to watch pornography or making sexually coloured remarks.
Constitutional provisions violated in cases of harassment include:
• Article 14 – Equality before the law
• Article 15 – Protection from discrimination
• Article 19(1)(g) – Freedom to practice any profession without fear of harassment
• Article 21 – Right to life and personal liberty
CASE LAW
1.Gaurav Jain v. Union of India:
This case was based on situation of children as sex workers and the discrimination they face along with their future growth and education. Mr. Jain approached the Supreme Court to seek protection, care, and rehabilitation for these children by separating them from their mothers. Although no children were directly involved in the case, multiple international and national human rights provisions were referenced, including the CRC, UDHR, CEDAW, and Parts III and IV of the Indian Constitution. The Court applied these provisions directly to the case.
2.Chairman, Railway Board v. Chandrima Das:
Saira Khatoon was gang-raped by employees of Indian Railways at Yatri Niwas, a guest house in Howrah Station, West Bengal. The perpetrators were government employees under the Eastern Railway Zone. The incident occurred on railway premises. Although the victim didn’t file a civil suit herself, Chandrima Das approached the High Court for compensation on humanitarian grounds. The Supreme Court upheld the Calcutta High Court’s decision, awarding ₹10 lakhs in compensation. Even though the victim was a foreigner, the Court held that she was entitled to protection under Article 21 of the Indian Constitution.
3.Ex-WFI President Brij Bhushan Sharan Singh:
A journalist-athlete filed a POCSO complaint (Protection of Children from Sexual Offences Act), alleging harassment that took place when she was a minor. Brij Bhushan and his secretary Vinod Tomar pleaded not guilty. The case was closed in May 2025 due to retraction and lack of evidence.
4.State of Maharashtra v. Madhukar Narayan Mardikar:
A woman named Banubi, who lived alone and was labelled as being of “easy virtue,” accused a police officer of entering her house at night and making sexual advances. She filed a complaint against the officer for misconduct. The law does not permit any man, including a police officer, to violate a woman’s dignity based on her moral reputation. Even a woman of “easy virtue” has a right to privacy and dignity under Article 21 of the Constitution. The Court restored disciplinary action and emphasized that public servants, especially those in uniform, must uphold high moral standards.
CONCLUSION
There are various NGOs working for women’s rights and protection for so many years, but still, there’s always a new issue coming up, stating sexual harassment. Sexual harassment is always happening but often goes unheard or untold since it carries sensitivity, mental trauma, and fear. There are also activists who sincerely want to change that and insist on efforts for justice .Nowadays, it’s very hard to trust men even blood relations who actually rape women in their own house, no matter how connected they are or how pure the bond is, especially in this current generation. The Vishaka Guidelines were the starting point to address such issues, and Bhanwari Devi is a bold woman and activist who sacrificed her life to protect females. All this started when she tried to stop an infant marriage, which led to everything that followed. It is untold, unheard, unnoticed, but at last, women are left with no other option but to suffer. The pity shown toward rapists or harassers should actually be the validation shown to the victims who suffered because of them, but since that’s not happening, everyone can only wish it would. Being untold to stating this much is truly because of the one voice heard by everyone—to stand up for themselves. Protection of female reproductive organs should be stated as a fundamental right, as rapists claim bail on Article 21 to seek justice. All the acknowledgment, appreciation, and honor go to Bhanwari Devi and the Vishaka case, which started to address this and made people realize that they should address it as well.
FAQS
What kind of behaviour constitutes sexual harassment?
Unwanted sexual comments, jokes, or remarks.
Making sexually explicit comments or innuendos.
Asking about sexual fantasies, preferences, or history.
Turning work discussions to sexual topics.
Sending abusive text messages or images.
Posting abusive messages on social media.
Physical contact and advances
Demands or requests for sexual favours
Sexually coloured remarks
Showing pornography: Displaying or sharing sexually explicit material without consent.
Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.
2.Vishaka Guidelines helped how many cases?
Since vishaka Guidelines was the first addressed Guidelines to prevent sexual harassment. The cases after Vishaka vs State of Rajasthan followed by every POSH ACT is from the root of vishaka case. So there’s no definite number of cases to state but approximately cases dealt by ICC & LCC.
3.Was justice provided for bhanwari devi?
Indian constitution recognized the need and depth of the case of sexual harassment and made new law to solve issues like that and provide justice as they did for bhanwari devi case later but not at the right time of suffering.
4.How did POSH emerge?
It is a law protecting women from sexual harassment at workplace emerged as a absence of protection provided right from 1992 of bhanwari case and stated with vishaka Guidelines respectfully. That’s how protection of sexual harassment for women at workplace, 2013 was revised as well after vishaka Guidelines.
