In the early 1990s, Bhanwari Devi, a Base-level activist in rural Rajasthan, faced brutal retaliation for her efforts to raise voice against social injustices like child marriage. After attempting to stop the illegal marriage of a one-year-old girl in a dominant caste family, Bhanwari was gang-raped by five men. Her pursuit of justice was met with systemic failures, including mishandled evidence and biased court proceedings, resulting in the acquittal of the accused in 1995.

Her ordeal spurred women's rights groups across India, highlighting the pervasive issue of workplace harassment and the absence of a legal framework to address it. These efforts led to the filing of a Public Interest Litigation (PIL) in the Supreme Court under the banner of "Vishakha."

The Supreme Court,in1997 issued the landmark Vishakha Guidelines, which defined sexual harassment as a violation of constitutional rights and highlighted measures to ensure workplace safety. These guidelines were a huge and transformative step towards gender equality and institutional accountability, inspired by Bhanwari Devi's courage and the collective advocacy it sparked.
This Significant case reshaped India's legal landscape, turning a personal tragedy into a movement that empowered women nationwide to fight for workplace safety and justice.
Bhanwari Devi Courage in the In the face of hardships

Bhanwari Devi was a saathin, or village-level social worker, under the Rajasthan government's Women's Development Program. Her activities involved highlighting awareness against dowry, child marriage, and other things inappropriate to the concept of gender equality, which were firmly rooted in the patriarchal way of thinking of the society. In 1992, she reported an illegal child marriage in a dominant caste family. That resistant gesture, seen as an attempt to dishonor to their power, brought on a horrific act of retaliation: she was gang-raped by five men from the village.

The ordeal that occurred to Bhanwari Devi was not just a crime of physical violence but a manifestation of systemic oppression that combined gender,caste, and power.Later, a series of institutional failures were unfolded: the lethargy in law enforcement, poor handling of evidence, and the alarming acquittal of the accused in the trial court in 1995. This acquittal highlighted the existing apathy toward crimes against women, especially those from the marginalized communities.

The Turning Point: A Catalyst for Legal Reform

The failure of the judiciary in Bhanwari Devi's case sparked widespread outrage and mobilized women's rights groups across the country. Recognizing the gravity of the situation, a group of women's organizations filed a public interest litigation (PIL) in the Supreme Court of India under the collective name Vishakha, seeking protection against sexual harassment in workplaces. The petition highlighted the absence of a comprehensive legal framework addressing workplace harassment and urged the judiciary to establish guidelines to prevent such atrocities. The Supreme Court took suo motu cognizance of the matter, acknowledging the systemic nature of gender-based violence and the urgent need for legal safeguards.

The Vishakha Guidelines: A Landmark Judgment

The Supreme Court passed this landmark judgment in Vishakha v. State of Rajasthan on August 13, 1997, and this case became a landmark in Indian legal history.

It held that sexual harassment is a violation of the basic rights of:

• Equality before the law under Article 14
• Prohibition of discrimination under Article 15
• Right to practice any profession under Article 19(1)(g)
• Right to life and personal dignity under Article 21

The Vishakha Guidelines laid down comprehensive measures to prevent and address sexual harassment in the workplace. The guiding instructions were on:

• Definition of Sexual Harassment: The policy defined sexual harassment in an all-encompassing manner to include physical conduct, verbal conduct, and non-verbal conduct of a sexual nature.
• Employer Responsibility: Employers were mandated to take proactive steps to ensure a safe working environment. This included formulating policies against harassment and instituting grievance mechanisms.
• Internal Complaints Committees (ICC): Workplaces were required to establish ICCs to handle complaints confidentially and impartially.
• Awareness and Training: It was directed that organizations should conduct periodic training and awareness programs to sensitize employees about sexual harassment.
• Accountability: Employers were held liable for negligence in implementing these guidelines, ensuring that institutions could no longer overlook workplace harassment.

These were binding guidelines and remained the most crucial framework for addressing workplace harassment until legislation was formally introduced in 2013.

From Guidelines to Law: The Sexual Harassment Act of 2013

The Vishakha Guidelines were a monumental step forward but were not without limitations. Their implementation was often inconsistent, particularly in informal and unregulated sectors. Recognizing the need for a more robust legal framework, Parliament passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

This Act codified the principles of the Vishakha Guidelines and addressed their shortcomings by:

• Expanding the scope of protection to include all workplaces, formal and informal, and safeguarding women from third-party harassment.
• Establishing penalties for non-compliance, ensuring accountability for employers.
• Providing a statutory backing to the ICC mechanism, making its formation mandatory in organizations with ten or more employees.
• This law remains a cornerstone of workplace safety in India, yet its implementation continues to face challenges, particularly in rural areas and informal sectors.

The Broader Impact: A Cultural and Legal Awakening

The Vishakha Guidelines changed not only the policies at workplaces but also the cultural discussion on sexual harassment. For the first time, the issue came into the open and was seen as a systemic problem that needed institutional intervention.

The guidelines further influenced other legislative changes, like the Criminal Law Amendment Act, 2013, that expanded the definition of sexual offenses and provided more stringent punishments for offenders. The talk about harassment at the workplace has slowly turned from silence to action, though there is still a lot of stigma associated with it in society.

Bhanwari Devi's Legacy: A Continuing Fight for Justice

Bhanwari Devi's case remains a potent reminder of how inter-sectionality works to silence people at all levels in India: gender, caste, and class intermingle to conceal already silenced voices. This is despite the personal cost of becoming an activist and in spite of being denied justice in her own case, the struggle of Bhanwari Devi has empowered many women to seek accountability and redress.

That the Vishakha Guidelines moved from a judicial decree to a statutory law has its essential base rooted in the power of individual courage and collective advocacy. Though much has been achieved, the journey for an equitably oriented society is yet incomplete. The Bhanwari Devi case is a rallying cry for action against deep-seated systemic barriers to justice for women and, particularly, for those from poor, marginalized communities.

Conclusion: The Road Ahead
The Vishakha Guidelines are more than just a legal milestone; they symbolize a shift in the narrative surrounding workplace safety and women's rights in India. Born out of tragedy, they serve as a beacon of hope, reminding us that even in the face of systemic failures, change is possible.

But the battle is far from over. It is only when these laws start getting effectively implemented and the attitudes of society get reshaped that workplaces will truly emerge as spaces for dignity and equality. The case of Bhanwari Devi and the legal changes she forced serve to remind us that justice is not solely a legal but a social enterprise.

Her legacy, enshrined in the Vishakha Guidelines and the laws they inspired, continues to resonate as a call to action—a demand for accountability, equality, and the unwavering belief that every woman has the right to live and work without fear.