Introduction
Sexual harassment is a longstanding societal issue that has plagued workplaces, often undermining women’s dignity, safety and right to equal opportunity. Until the late 1990s, there was no formal legal definition or statutory remedy addressing workplace sexual harassment in India. This gap was first addressed by the Supreme Court of India in 1997 through the landmark Vishaka vs State of Rajasthan judgment. The judgment laid the foundation for the Vishaka Guidelines, which were judicially enforceable directives ensuring the protection of women from sexual harassment at workplaces.

In 2013, the enactment of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, commonly known as the POSH Act, marked a crucial shift in the legal landscape. It codified and expanded upon the Vishaka Guidelines, transforming them into a comprehensive statute.

The Vishaka Case and Guidelines
The Vishaka Guidelines emerged from a public interest litigation filed in the wake of the Bhanwari Devi gang rape case. Bhanwari Devi, a grassroots worker in Rajasthan, was gang-raped by five men in retaliation for preventing a child marriage. The local trial court exonerated the accused, prompting outrage and legal activism.

In response, the Supreme Court in Vishaka & Ors. vs. State of Rajasthan (1997) acknowledged the absence of legislation dealing with sexual harassment at the workplace and held that such harassment violated Articles 14, 15, 19 and 21 of the Constitution. It used India’s commitment to CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) to establish binding guidelines until Parliament enacted a law.

The Origin: From Bhanwari Devi to Vishaka
The Vishaka Guidelines were not born in a vacuum. They emerged from the tragic story of Bhanwari Devi, a grassroots social worker from Rajasthan, who was gang-raped in 1992 by five men, allegedly in retaliation for her attempt to prevent a child marriage. Despite the brutality of the crime, the trial court acquitted the accused, citing flimsy reasons. This sparked nationwide outrage and led a group of women’s rights organisations to file a public interest litigation (PIL) in the Supreme Court.

In its 1997 judgment, the apex court acknowledged the absence of any domestic law to address sexual harassment in the workplace. Referring to international treaties like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which India had ratified, the Court laid down a set of guidelines to be treated as binding law until formal legislation was enacted.

Thus, the Vishaka Guidelines became India’s first legal instrument to define sexual harassment and prescribe preventive and remedial measures at the workplace.

Enactment of the POSH Act (2013)
The POSH Act, passed in 2013, filled this legislative vacuum. It provides detailed definitions, procedural mechanisms, institutional structures like Internal Complaints Committees (ICC), and prescribes penalties for non-compliance. It was the conclusion or final outcome of the years of judicial advocacy and social movement led by women’s rights organisations and legislators.

Why the POSH Act Was Needed
While the Vishaka Guidelines served as a powerful precedent, they had limitations. Being judicial directions, their enforcement was inconsistent. Many organisations, especially in the private and unorganised sectors, either ignored or poorly implemented the guidelines. Recognising the need for a dedicated statutory framework, the Indian Parliament passed the POSH Act in 2013, a comprehensive law that not only expanded upon Vishaka but introduced clarity, structure and accountability.

The ‘POSH Act’ goes far beyond the skeletal framework provided by ‘Vishaka’. It defines key terms like “workplace,” “aggrieved woman”, and “employee,” mandates strict compliance from employers, outlines the formation and functioning of Internal Committees and prescribes penalties for non-compliance.

Core Philosophy: Prevention, Prohibition and Redressal
Both the Vishaka Guidelines and the POSH Act are built on a three-pronged approach- prohibition, prevention, and redressal of sexual harassment. They recognise that sexual harassment is not only a violation of dignity but also a barrier to women’s fundamental rights in workplaces.

The POSH Act, however, formalises this approach with statutory clarity and enforceable obligations on employers and institutions. Unlike Vishaka, which was interpretative in nature, the POSH Act provides codified legal protection.