Author: Kashish Varshney, Barkatullah University, Bhopal
Linkedin Profile: https://www.linkedin.com/in/kashish-varshney-a881a8214?utm_source=share&utm_campaign=share_via&utm_content=profile&utm_medium=ios_app
To the point
Workplace safety and gender equality took a transformative step with the Vishaka v. State of Rajasthan (1997) ruling. With this landmark judgment, the Supreme Court of India laid down exhaustive guidelines to safeguard the interest of the working women and protect them from sex exploitation at the place of work until the enactment of legislation for this purpose. Recognizing the constitutional right to dignity, equality, and a harassment-free work environment, the ruling eventually led to the Prevention of Sexual Harassment (POSH) Act, 2013, which provides structured protections for working women throughout the nation. In this article, we explore how the Vishaka case redefined workplace safety, establishing a precedent for legal accountability and institutional responsibility.
Use of Legal Jargon
The Vishaka v. State of Rajasthan (1997) judgment established a foundational legal framework to address workplace sexual harassment, recognizing it as a violation of Articles 14, 15, 19, and 21 of the Indian Constitution. It led to the formulation of the Vishaka Guidelines, which served as binding directives until the enactment of the Prevention of Sexual Harassment (POSH) Act in 2013.
The POSH Act mandates the formation of Internal Complaints Committees (ICCs) in establishments with ten or more employees, outlines clear procedures, and upholds principles of natural justice. It defines sexual harassment, sets penalties for non-compliance, and imposes preventive responsibilities on employers.
Despite its comprehensive structure, challenges persist—ranging from procedural gaps and lack of awareness to underreporting, evidentiary hurdles, and weak enforcement, especially in the unorganized sector. Fears of retaliation, misuse of provisions, and intersectional discrimination further complicate redressal.
While Vishaka laid the foundation, real progress demands consistent judicial engagement, corporate accountability, and widespread sensitization. Strengthening enforcement and fostering a culture of respect remain key to advancing gender justice in India’s workplaces.
The Proof
The guidelines laid down in the Vishaka v. State of Rajasthan (1997) case are as follows:
Employers must take steps to prevent sexual harassment in all workplaces, both public and private.
Sexual harassment, including physical advances, requests for favors, inappropriate comments, or explicit material, must be strictly prohibited and communicated clearly.
Government and private sector organizations must include rules against harassment in their conduct and disciplinary policies.
Private employers should incorporate these provisions into their standing orders under the Indian Employment (Standing Orders) Act, 1946.
Workplaces should provide safe and fair working conditions, ensuring women are not placed at a disadvantage.
If harassment qualifies as a criminal offense under the Indian Penal Code (now BNS) or other laws, the employer must report it to authorities and take legal action.
Victims and witnesses must be protected from retaliation or discrimination when reporting incidents.
In order to ensure proper implementation of the guidelines stipulated in the Vishaka case, an act entitled the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act was enacted in 2013 (No. 14 of 2023), which defines sexual harassment under Sec 2(n) as including any one or more of the following unwelcome acts or behavior (whether directly or by implication), namely: (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually colored remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. Section 3(2) of the Act further provided that an implied or explicit promise of preferential treatment in her employment for sexual gratification would also constitute an offence under the law.
Abstract
This case marked a turning point in workplace safety rules in India, addressing the urgent need for legal protection. A writ petition was filed before the Supreme Court by certain social activists and NGOs with the aim of preventing sexual harassment of working women in all workplaces through judicial process, to fill the vacuum in existing legislation. The immediate cause for the filing of the petition was an incident of alleged brutal gang rape of a social worker, Bhanwari Devi (a Rajasthan government employee), in a village of Rajasthan, who fought the practice of child marriage as a part of her job as a saathin in the villages. It was observed by the court that there is no domestic law to check the evil of sex exploitation at workplaces. The court further observed that each incident of sexual harassment of women in the workplace results in a violation of fundamental rights of ‘gender equality’ and the ‘right to freedom’.
The three-judge bench of the Supreme Court has laid down the guidelines and norms for effective enforcement of the basic human right of gender equality.
Later, these guidelines formulate the POSH Act, 2013. This act applies to all workplaces, including government offices, private companies, and NGOs, and covers all women, regardless of their employment status. Provisions of the act mandate Internal Complaints Committees (ICCs), awareness programs, and strict employer accountability, ensuring safe work environments. However, challenges persist—lack of enforcement, fear of stigma, inadequate training, and weak compliance in informal sectors hinder effectiveness. Many victims remain silent due to social and professional repercussions.
The Vishaka judgment laid the foundation; real progress depends on active implementation, legal accountability, and a shift in workplace culture. Building a harassment-free workspace isn’t just legal compliance—it’s a fundamental step toward empowering individuals and fostering true equality.
Case Laws
1.Medha Kotwal Lele &Ors. V. Union of India & Ors., A.I.R. 2013 SC 93.
The grievance raised before the Supreme Court was that the women continued to be the victims of sexual harassment in workplaces and the guidelines laid down by the court in Vishaka v. State of Rajasthan were being followed in breach of substance. The, Supreme Court said, besides highlighting new cases, the main focus was on the lack of effective implementation of Vishaka guidelines. This case is significant because it reaffirmed the importance of the POSH Act in protecting women from sexual harassment at the workplace.
2. Additional District and Sessions Judge X v. Registrar General of High Court of Madhya Pradesh, A.I.R. 2015 SC 645.
The evaluation of a charge of sexual harassment depends on the manner in which it is perceived. Each case will have to be decided on its own merits. Whether the perception of the harassed individual was conveyed to the person accused would be very material in a case falling in the realm of over sensitivity. In that, it would not be open to him thereafter to defend himself by projecting that he had not sexually harassed the person concerned because, in his understanding the alleged action was unoffensive.
3. Punjab and Sind Bank v. Durgesh Kuwar, A.I.R. 2020 SC 3040.
The Court acknowledged the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, emphasizing that workplace sexual harassment violates a woman’s fundamental rights. It infringes upon her right to equality under Articles 14 and 15, her right to live with dignity under Article 21, and her freedom to pursue any profession, occupation, trade, or business.
Conclusion
The Vishaka v. State of Rajasthan (1997) judgment marked a historic shift in workplace safety and gender justice in India. By legally recognizing sexual harassment as a violation of fundamental rights, the Supreme Court established the Vishaka Guidelines, ensuring employer accountability and protective measures. These guidelines laid the groundwork for the POSH Act, 2013, which formalized workplace protections, emphasizing reporting mechanisms, awareness programs, and institutional responsibility. Despite legal advancements, effective implementation, compliance, and cultural change remain challenges. The Vishaka case continues to be a milestone in gender rights, reinforcing the need for safe, inclusive, and respectful work environments across India.
FAQS
1.Who was Bhanwari Devi, and why is she significant in this context?
Bhanwari Devi was a social worker in Rajasthan who fought against child marriage in rural areas. In 1992, she was brutally gang-raped as retaliation for her activism. Despite seeking justice, her attackers were acquitted, exposing the lack of legal protections against workplace harassment. Her case led to the Vishaka v. State of Rajasthan (1997) ruling, where the Supreme Court established the Vishaka Guidelines, shaping India’s workplace safety laws. This judgment became the foundation for the POSH Act, 2013, ensuring formal protections against sexual harassment in professional environments.
2. Which constitutional articles were invoked in the Vishaka judgment?
The Vishaka v. State of Rajasthan (1997) judgment invoked Articles 14, 15, 19, and 21 of the Indian Constitution, ensuring gender equality, protection from discrimination, freedom of speech, and the right to live with dignity. These articles formed the legal basis for workplace safety regulations and later influenced the POSH Act, 2013.
3. How did the Vishaka judgment influence gender justice in India?
This judgment was a turning point for gender justice in India. This case highlighted the vulnerability of women in workplaces and rural areas. It legally recognized sexual harassment at workplaces as a violation of fundamental rights, leading to guidelines for employer accountability. It set a precedent for recognizing and addressing workplace harassment and promoting equality and dignity for women.
4. What is the main objective of the POSH Act, 2013?
The POSH Act, 2013, aims to prevent, prohibit, and redress sexual harassment at workplaces, ensuring a safe and dignified work environment for all employees, especially women. It mandates employer accountability, workplace policies, and legal mechanisms to address complaints and protect victims.
