Vishaka Guidelines

The Vishaka Guidelines were issued by the Supreme Court of India in 1997, in the landmark case Vishaka & Others v. State of Rajasthan. The case arose following the gang rape of Bhanwari Devi, a social worker in Rajasthan, and the subsequent failure of the state to prosecute the perpetrators. The Supreme Court, in the absence of existing legislation, invoked constitutional provisions and international conventions to create binding employer obligations.

The Guidelines defined sexual harassment, required employers to prohibit it, mandated the creation of Complaints Committees in every workplace, required annual awareness programmes, and obligated employers to assist complainants in filing criminal complaints. For nearly 16 years, the Vishaka Guidelines were the only legally binding framework governing workplace sexual harassment in India.

The POSH Act, 2013 — formally the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act — replaced and significantly strengthened the Vishaka Guidelines. It converted the guidelines into comprehensive statute, added criminal penalties for non-compliance, and created the Local Committee system for unorganised sector workers.

L&D and HR professionals should understand the Vishaka Guidelines for historical and legal literacy — they explain why the POSH Act is structured the way it is, and they remain relevant in litigation contexts where events predating the 2013 Act are referenced. Aktrea's POSH training contextualises the Act within this legal history.