Vishaka Guidelines: The Foundation of Workplace Sexual Harassment Law

The Vishaka v. State of Rajasthan (1997) case was born out of a horrifying incident in which Bhanwari Devi, a social worker in Rajasthan, was gang-raped for attempting to stop a child marriage. At the time, India had no statutory law addressing sexual harassment in the workplace.

In response, a group of NGOs filed a PIL in the Supreme Court, which led to the issuance of the Vishaka Guidelines. These guidelines defined sexual harassment and outlined preventive, prohibitory, and redressal measures that employers must take. The Court emphasized that sexual harassment is a violation of fundamental rights under Articles 14, 15, 19(1)(g), and 21.

Though the guidelines were meant to be interim, they remained in force for over 15 years until the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in 2013. Even today, the Vishaka judgment remains a foundational text in workplace rights law.

At Mullick & Co., we often cite this case in workplace compliance training and HR policy drafting. It illustrates the judiciary’s proactive role in filling legislative gaps to protect individual rights and dignity.