Author: Hitesh , Chandigarh University
Abstract
The Vishakha case raised serious questions about the safety and rights of women in the Indian workplace. It originated from the case of Bhanwari Devi, a social worker in Rajasthan who was gang-raped by five men after she tried to stop a child marriage in her village. The Police had delayed the saving of her complaint in spite of many attempts to seek justice, and because examinations wee delayed, medical reports could not provide clarity as to assault. The failure of the legal system led several women’s organizations to file a Public Interest Litigation (PIL) under the name Vishakha. In 1997, the Supreme Court issued landmark guidelines to prevent sexual harassment at the workplace. At that time, there was no specific law to protect women from such harassment, so the Court took a proactive step by laying down binding guidelines. These guidelines later became the foundation of the POSH Act (2013), which mandated the formation of Internal Complaints Committees (ICC) and Local Complaints Committees (LCC), ensuring workplace safety for women across India.
To the Point
A three-judge Supreme Court bench rendered a historic decision in the case of Vishakha and Others v. State of Rajasthan (AIR 1997 SC 3011) on August 13, 1997.
The judges were Justice J.S. Verma (CJI), Justice Sujata V. Manohar, and Justice B.N. Kirpal. This case led to the formation of the Vishakha Guidelines, which aimed to protect women from sexual harassment at the workplace. Later, in 2013, these guidelines became the foundation for a formal law:
The POSH Act, also known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, became law in 2013.
Problem
Workplace safety rules for women in India did not include provisions for protection against sexual harassment before the Vishakha case happened. If a woman was harassed, she had no rule of law to go for any legal action, if an action was initiated, this would at least prevent the destruction of evidence. As in the Bhanwari Devi case, the accused were acquitted, and the victim had no legal support or justice.
The Vishakha PIL was filed not just for individual justice, but to create a law that would protect all women at the workplace. At that time, employers had no legal duty to protect female employees from harassment. Today, because of this case, women have legal rights and strong protections under the law.
Action
The Vishakha Guidelines came as a result of a Public Interest Litigation (PIL) filed in the Supreme Court. The judgment, delivered on 13 August 1997, was a historic legal step. It created binding guidelines to prevent and address sexual harassment at work.
After 16 years, these guidelines led to the passing of a proper law:
The POSH Act, 2013
This Act made it mandatory for workplaces to:
* Protect employees from harassment
* Form an Internal Complaints Committee (ICC)
* Ensure fair investigation of complaints
* Spread awareness among staff
Uses of Legal Jargon
In the Vishakha v. State of Rajasthan (1997) case, the Supreme Court ruled in favor of the petitioners. This case introduced many important legal terms. Here are some basic definitions of some of the important terms:
1. PIL (Public Interest Litigation)
Vishakha filed a PIL in the Supreme Court under Article 32 of the Indian Constitution. ” The “Vishakha” group of women’s rights organizations filed it.This type of case is filed not for personal benefit, but to protect public interest and fundamental rights.
2. Fundamental Rights
These are the rights guaranteed by the Indian Constitution to every citizen. In this case, many of these rights were involved:
* Article 14 – states about equality before the law
* Article 15 – Protection against unfair treatment based on caste, religion,sex and other factors.
* Article 19(1)(g) – Freedom to practice any profession
* Article 21 – provides the Right to life and the dignity of a person
* Article 32 – Right to approach the Supreme Court when fundamental rights are violated
3. Article 141 – Supreme Court’s Decisions Are Law
According to this article, all Indian courts must abide by any ruling rendered by the Supreme Court.
Thus, until the POSH Act was passed by Parliament in 2013, the Supreme Court’s Vishakha Guidelines were regarded as law.
4. Sexual Harassment
The forceful sexual behaviour with the women that feels her threatened, uneasy and insecure.
Examples include:
* Inappropriate comments
* Unwanted touching
* Sexual gestures
* Demanding sexual favors
5. POSH Act (2013)
Full name: The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
This law is mandatory for all workplaces in India. It ensures:
* Prevention of sexual harassment
* Formation of Internal Complaints Committees (ICC)
* Awareness and training for employees
* Fair investigation and action against harassment
6. Binding Guidelines
Sometimes the Supreme Court gives guidelines before a law is made by Parliament. These guidelines are legally binding, meaning they must be followed.
The Vishakha Guidelines (1997) were binding under Article 141 until the POSH Act was enacted in 2013.
The Proof
Facts & Evidence
The Vishakha case is based on the real-life incident of Bhanwari Devi, a social worker in Rajasthan. She was working to stop child marriages and raise awareness in her village. In 1992, she tried to stop a child marriage, which made some villagers angry. As a result, five men from the village brutally gang-raped her in front of her husband.
When Bhanwari Devi went to the police station to file a complaint, the police refused to register it properly. The medical examination was delayed by 52 hours, and the doctors were unable to confirm that a rape had occurred due to the delay. Although some NGOs supported her, the court later acquitted the accused because of a lack of proper evidence. This tells the failure rate of the police, the medical system, and the legal system.
Even though she lost her case, Bhanwari Devi did not give up. She, along with women’s rights groups, approached the Supreme Court under Article 32 of the Indian Constitution to demand justice.
Several serious issues were highlighted:
* Lack of sensitivity in handling rape cases.
* Delays in police action and medical tests.
* No specific law to address workplace harassment at that time.
* No support system for women, such as legal aid or complaint committees.
Bhanwari Devi argued that every person has fundamental rights. She was not alone—many women supported her. she fought on the behalf of many women. She called for a proper legal framework to ensure women’s safety.
Important constitutional articles used in the case:
* Article 14 – states about the equality before the law.
* Article 15 – Prohibits discrimination based on caste, sex, religion, etc.
* Article 19(1)(g) – provides the right to practice any profession.
* Article 21 – provide a person a right to Protects life and personal liberty.
* Article 32 – Allows individuals to move the Supreme Court for the protection of fundamental rights.
* Article 141 – Declares that Supreme Court judgments are binding as law.
Key Points:
* The real incident of Bhanwari Devi led to important legal reforms.
* The lack of justice exposed weaknesses in the police, medical, and legal systems.
* This failure helped create new rules to protect women at the workplace.
* The Vishakha case introduced legal innovation by using constitutional and international laws.
Case Laws
1. Apparel Export Promotion Council v. A.K. Chopra (1999) 1 SCC 759
This case reinforced the principles laid down in the Vishakha case. Here, a senior officer was accused of making sexual advances toward a subordinate. The Court upheld the employer’s decision to remove him from service and reaffirmed that sexual harassment is a violation of women’s right to work with dignity.
Key Takeaway:
* Even an indirect or non-physical form of sexual harassment is a serious offense.
* The Court emphasized the right to a safe workplace.
2. Medha Kotwal Lele & Others v. Union of India & Others (2012) 1 SCC 311
This case takes a look on the importance of the Vishakha guidelines. The petitioners argued that despite the guidelines, many organizations had failed to implement them properly.
Key Takeaways:
* The Supreme Court directed all states and government departments to implement the Vishakha Guidelines effectively.
* It emphasized forming Internal Complaints Committees (ICCs) in every workplace.
3. Lalita Kumari v. Government of Uttar Pradesh (2013) 7 SCC 395
Though not directly about workplace harassment, this case had relevance to victims of sexual assault. The Court ruled that police must file an FIR immediately upon receiving information about a cognizable offense like rape.
Key Take away:
* It recognise the issue of delayed complain in the bhanwari case and fix it.
* Strengthened access to justice for women.
Conclusion
The Vishakha case was not just about one woman — it was about the safety of all women who go to work. This case started because Bhanwari Devi, a woman working to stop child marriages, was attacked. But the court where her case was first heard did not punish the accused. That’s why women’s groups went to the Supreme Court.
The Supreme Court said that sexual harassment at the workplace is wrong and it breaks the rights given to women by the Constitution. Women have the full right to work with safety, respect, and without fear. The Court saw that there was no proper law for this, so it made some important rules in 1997. These are called the Vishakha Guidelines.
These guidelines told every office to:
* Make rules to stop sexual harassment.
* make the complaint committees for the women who worked there and for outsider women also.
* Take action if a woman complains.
* Keep everything secret and protect the woman.
* Teach workers about this topic through awareness programs.
The Court said that these rules must be followed like a law until the government makes a real law. And in 2013, the government finally made a proper law — the Sexual Harassment of Women at Workplace Act.
This case became a big step in women’s safety. it encourages women who are being harassed in the workplace to come and complaint against the injustice done to them. But it’s also sad that Bhanwari Devi never got full justice — the people who hurt her were not punished. Still, her fight helped change the whole system.
In short, the Vishakha case taught the country that women should not only get jobs, but they must feel safe and respected at the workplace too. It changed the law, thinking, and behavior of many people.
FAQS
1. What is defined as “sexual harassment” under the Vishakha Guidelines?
Unwelcome sexually-determined behaviour, including:
* Physical contact or advances
* Request for sexual favours
* Sexually-coloured remarks
* Showing pornography
Any verbal or nonverbal conduct of sexual nature creating a hostile work environment .
2. Are these guidelines still in force today?
No – They were superseded by the Sexual Harassment of Women at Workplace Act, 2013 which built upon and codified key provisions from Vishakha .
3. Who can approach the ICC under PoSH?
Any women who is whether employed or not in the working place can file a written complaint. Under Section 6, organizations with fewer than 10 employees can refer complaints to Local Complaints Committees .
4. What exactly did the Court direct employers to do?
* Prohibit and prevent sexual harassment
* Provide a safe and healthy working environment
* Set up Internal Complaints Committees (ICCs) helmed by women
* Promptly address complaints, assist victims, and take disciplinary/legal action
Conduct awareness/sensitization programs .
5. Why did the Supreme Court use international conventions?
India lacked domestic anti-harassment law. Under Articles 14, 15, 21, the Court invoked India’s international obligations (e.g., CEDAW) to interpret and expand constitutional protections .
6. Did this case establish ICCs?
Yes. Vishakha mandated employer-constituted ICCs as interim measures until legislation took over in 2013, which made them statutory bodies.
7. Does the law protect non-physical forms of harassment?
Yes. Both Vishakha and PoSH talks about verbal, visual, and environmental harassment as actionable form of harassment.
8. What solutions are available under PoSH for the victim?
* Internal inquiry by ICC
* Disciplinary action against perpetrator
* Monetary relief (e.g. wages lost, medical expense)
* Compensation via complaint to district officer if employer fails to act
Confidentiality and protection from retaliation .
9. Can PoSH complaints involve third-party harassers?
Yes. Employers are required to take steps to prevent harassment by thirdparties (clients/suppliers), and to assist victims in such cases .
10. Has the law evolved with technology?
Yes. Courts have recognized that digital messages/online conduct with sexual overtones constitutes harassment, as seen in Jahid Ali (2017) and Prasad Pannian (2020) .
