Impact of landmark judgments series #7 Vishaka v. State of Rajasthan (1997)

Vishaka v. State of Rajasthan (1997) is a landmark Supreme Court case that laid down

the first legal guidelines to prevent sexual harassment of women at the workplace in

India.

Background

The case arose after Bhanwari Devi, a social worker in Rajasthan who tried to prevent a

child marriage, was brutally gang-raped as an act of revenge.

The police failed to provide justice, and the accused were initially discharged.

Women’s groups filed a Public Interest Litigation (PIL) in the Supreme Court seeking

protection against sexual harassment at work.

Key Legal Issues

Whether there was a need for guidelines to prevent sexual harassment at the

workplace.

Protection of women’s fundamental rights under Articles 14 (Equality), 15 (Nondiscrimination), 19(1)(g) (Right to practice any profession), and 21 (Right to life and

personal liberty).

How did the Vishaka case influence workplace harassment policies globally

The Vishaka case’s influence on workplace harassment policies extended beyond

India’s borders in several important ways:

The Supreme Court’s Vishaka Guidelines, issued in 1997, were among the first

judicially mandated frameworks to address sexual harassment at work, obligating

employers to prevent and redress such conduct in the absence of specific legislation.

The guidelines recognized sexual harassment as a violation of fundamental rights and

aligned with international conventions like CEDAW, setting a precedent for judicial

intervention where legislative gaps exist.

The Vishaka Guidelines inspired similar legal reforms in other countries, most notably

in Bangladesh, where the Supreme Court explicitly referenced and adopted the Indian

approach in its own landmark workplace harassment case.

By defining sexual harassment, establishing employer accountability, and mandating

preventive and redressal mechanisms, the Vishaka case contributed to a global

discourse on workplace equality, influencing both national and international policy

debates.

In summary, the Vishaka case not only transformed Indian workplace law but also

served as a model for judicially driven reforms and employer accountability in other

countries confronting workplace harassment.

What impact did the Vishaka case have on corporate culture in India

Impact of the Vishaka Case on Corporate Culture in India

1. Policy Development and Compliance

Corporates began drafting detailed anti-sexual harassment policies aligned with the

Vishaka Guidelines, making such policies a standard part of workplace ethics and

compliance manuals.

Companies were mandated to establish Internal Complaints Committees (ICCs) for

grievance redressal, a practice later formalized by the 2013 POSH Act.

2. Organizational and Cultural Shift

The judgment led to increased awareness and regular training programs on sexual

harassment, fostering a more gender-sensitive and respectful workplace environment.

Employers became more vigilant and proactive in preventing harassment, recognizing

their legal responsibility to ensure a safe workplace.

3. Legal Accountability and Risk Management

Legal compliance became a priority, with companies seeking to avoid lawsuits and

reputational harm by strictly following guidelines.

Some corporates even adopted insurance policies covering liabilities from harassment

claims, reflecting a shift towards risk management.

4. Reputational and Stakeholder Impact

Firms with robust anti-harassment policies gained reputational advantages, being seen

as ethical and employee-friendly.

Effective implementation of the guidelines built greater trust among employees,

investors, and clients.

5. Challenges and Uneven Implementation

Larger companies and multinationals adopted changes more swiftly, while smaller

firms and traditional sectors often lagged due to resource or awareness gaps.

Despite progress, challenges like inconsistent implementation, lack of awareness, and

cultural resistance persist, especially outside major urban centers.

6. Foundation for Further Reforms

The Vishaka case laid the groundwork for the POSH Act, 2013, and broader workplace

equality initiatives, embedding gender justice into corporate governance.

The Vishaka judgment marked a turning point, making workplace safety and gender

equality central to corporate culture in India, though ongoing efforts are needed for

full realization.

How did the Vishaka case change the role of employers in preventing workplace

harassment

The Vishaka case fundamentally changed the role of employers in preventing

workplace harassment by legally mandating them to take proactive and concrete

measures. Key changes include:

Preventive Responsibility: Employers are required to take all necessary steps to

prevent sexual harassment at the workplace, including prominently notifying

employees about the prohibition of such conduct and ensuring appropriate working

conditions for women.

Complaint Mechanism: Employers must establish a formal complaint committee

(Internal Complaints Committee) with a majority of women members and an

independent third-party member to receive and address complaints promptly and

confidentially.

Awareness and Training: Employers are responsible for creating awareness about

sexual harassment, conducting regular training sessions, and fostering a safe and

respectful work environment.

Disciplinary Action: Employers must enforce disciplinary measures against offenders

based on the committee’s findings, ensuring accountability within the organization.

Monitoring and Reporting: Employers must actively monitor workplace environments

to prevent harassment and ensure compliance with the guidelines.

These responsibilities transformed employers from passive observers into active

agents responsible for safeguarding employees’ rights and dignity at work, laying the

foundation for the later Sexual Harassment of Women at Workplace (Prevention,

Prohibition and Redressal) Act, 2013.

What role did NGOs play in the Vishaka case and its aftermath

NGOs played a crucial role in the Vishaka case and its aftermath:

The case was initiated by a group of women’s rights NGOs, including the organization

named Vishaka, which filed a Public Interest Litigation (PIL) in the Supreme Court

seeking justice for Bhanwari Devi, a social worker who was gang-raped for opposing

child marriage.

These NGOs highlighted the lack of legal protection for women against sexual

harassment at the workplace and argued that fundamental rights under Articles 14, 15,

19, and 21 were being violated.

They pushed for the formulation of guidelines to prevent sexual harassment and

ensure a safe working environment for women, which led to the Supreme Court

issuing the Vishaka Guidelines in 1997.

After the judgment, NGOs actively promoted awareness about sexual harassment,

helped organizations set up Internal Complaints Committees (ICCs), and conducted

training and sensitization programs for employees across sectors.

NGOs also played a watchdog role, monitoring the implementation of the guidelines

and advocating for stronger legislative measures, which eventually culminated in the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Act, 2013.

In summary, NGOs were instrumental both in initiating the legal battle that led to the

Vishaka Guidelines and in driving awareness, compliance, and further reforms to

protect women at workplaces in India.

(caution : These articles cannot and should not be considered as a replacement of a professional legal advice as there are many intricacies that may not have mentioned here).

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