Why this matters now
Vishaka is tested for the bridge it built between international conventions (CEDAW 1979) and Indian constitutional law, the Vishaka Guidelines themselves, the POSH Act 2013 they preceded, and the Bhanwari Devi factual background.
Facts: Bhanwari Devi
Bhanwari Devi, a saathin (village-level women’s development worker) of the Rajasthan State Government’s Women’s Development Programme, attempted to stop a child marriage in her village (Bhateri, Jaipur district) in September 1992. In retaliation, on 22 September 1992 she was gang-raped by five upper-caste men while her husband was forced to watch. The accused were acquitted by the trial court in November 1995 (the appeal is still pending in Rajasthan HC in 2024 — over 30 years later).
The atrocious facts mobilised women’s groups. NGOs including Vishaka filed a PIL in the SC seeking guidelines because there was no domestic law on workplace sexual harassment at the time.
The Vishaka Guidelines
The 3-judge bench (CJI Verma, Sujata Manohar, B.N. Kirpal) on 13 August 1997:
- Imported CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women, 1979) — ratified by India — into Indian law as constitutional norms via Article 51 (DPSP on international relations) and Article 253.
- Defined sexual harassment — physical contact and advances, demand for sexual favours, sexually coloured remarks, showing pornography, any other unwelcome physical/verbal/non-verbal conduct of sexual nature.
- The Vishaka Guidelines — binding under Article 141 — required every workplace to:
- Provide a safe working environment.
- Display the prohibition of harassment at the workplace.
- Provide grievance procedure.
- Constitute a Complaints Committee chaired by a woman, with at least half women members and a third-party NGO representative.
- Initiate disciplinary action on harassment.
- Cooperate with criminal proceedings.
- Inform workers of their rights under the guidelines.
POSH Act 2013 codification
The Vishaka Guidelines remained the operative law for 16 years. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 — popularly POSH Act — codified the Guidelines into statute. Key Act provisions:
- Internal Complaints Committee (ICC) mandatory in every workplace with 10+ employees.
- Local Complaints Committee (LCC) at district level for unorganised sector / workplaces with <10 employees.
- 90-day inquiry timeline; written report.
- Penalties up to Rs 50,000 for false complaint; cancellation of business licence for non-compliance by employer.
Vishaka was further extended by SC in Medha Kotwal Lele v. Union of India (2013). Bhanwari Devi remains a saathin in Bhateri village, still seeking justice for the 1992 attack.
UPSC angle
Know Vishaka v. State of Rajasthan 1997 — 3-judge bench 13 Aug 1997 (CJI Verma + Sujata Manohar + B.N. Kirpal); PIL by Vishaka NGO + others arising from the gang rape of Bhanwari Devi (a saathin worker who tried to stop child marriage in Bhateri Jaipur, attacked 22 Sept 1992 by 5 upper-caste men; trial court acquittal Nov 1995, appeal still pending); imported CEDAW 1979 (Article 51 DPSP + Article 253) into Indian law; laid VISHAKA GUIDELINES on workplace sexual harassment binding under Article 141; Complaints Committee chaired by woman, half women, third-party NGO rep; remained law for 16 years until POSH Act 2013 codified (ICC for 10+ employees, LCC at district level for unorganised <10).
Frequently asked questions
Who was Bhanwari Devi?
A saathin (women’s development worker) of the Rajasthan government who tried to stop a child marriage in Bhateri village and was gang-raped in retaliation on 22 September 1992.
What are the Vishaka Guidelines?
Workplace anti-sexual-harassment guidelines laid down by the SC in 1997: mandatory Complaints Committee chaired by a woman, prohibition signage, grievance procedure, disciplinary action.
How long were the Vishaka Guidelines operative?
16 years — until the POSH Act 2013 codified them into statute.
What is the POSH Act?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 — the statutory codification of the Vishaka Guidelines.