Introduction
Before the landmark Vishaka v. State of Rajasthan judgment in 1997, India’s legal and social framework was almost entirely silent on the issue of workplace sexual harassment. Despite the Indian Constitution guaranteeing equality and dignity to all citizens, there was no specific law to protect women from harassment at work.
What existed instead was a patchwork of inadequate legal provisions, deep-rooted patriarchy, and a culture of silence that forced many women to suffer in isolation.
The Legal Void Before Vishaka
Before 1997, India lacked a dedicated law addressing sexual harassment at the workplace. Women who faced such misconduct had to rely on the Indian Penal Code, 1860 (IPC), which offered only limited and outdated remedies.
The most relevant provisions were:
- Section 354: Addressing the use of criminal force or assault to “outrage the modesty” of a woman.
- Section 509: Punishing words, gestures, or acts intended to “insult the modesty” of a woman.
These provisions — now replaced by Sections 78 and 79 of the Bharatiya Nyaya Sanhita (BNS) — were criminal in nature and only dealt with punishment after an act had occurred. They did not recognize or address the systemic, subtle, and power-driven forms of workplace harassment, such as unwanted advances, sexually colored remarks, or hostile work environments.
Moreover, labour laws of the time focused solely on wages, working hours, and employment conditions, overlooking the emotional and psychological harm caused by harassment. In essence, there was no legal framework to protect women from the day-to-day indignities they endured at work.
A Culture of Silence and Fear
In the absence of any legal recourse, silence became the default survival strategy for most working women. Many endured harassment in quiet desperation, knowing that speaking up could cost them their livelihoods, reputations, or even personal safety.
Workplaces were largely male-dominated — from factories and offices to government departments. Power hierarchies were steep and gendered, granting men unchecked authority over women employees or subordinates.
This imbalance normalized inappropriate behavior, often dismissed as “harmless” or “friendly.”
Women who complained were frequently met with disbelief, ridicule, or retaliation. Victim-blaming was rampant, with society often accusing women of “inviting attention” through their clothes or conduct.
Fear of being labeled “difficult” or “immoral” discouraged most from coming forward, creating an environment where silence seemed safer than speaking out.
Workplace Harassment Lawyer in Jayanagar
The Social and Institutional Blind Spot
The broader Indian society, steeped in patriarchal values, saw sexual harassment as a private issue, not a workplace concern.
Law enforcement agencies lacked gender sensitivity, and police officers were often reluctant to register complaints. The judiciary, too, failed to recognize that harassment at work was a violation of a woman’s dignity and equality.
There were no internal complaint mechanisms, no redressal committees, and no obligations for employers to ensure workplace safety. Even in the public sector — where women’s participation in the workforce was rising — there were no policies or protocols to address such grievances.
Why Understanding This Context Matters
Understanding this pre-Vishaka silence is crucial to appreciating the revolutionary impact of the 1997 Supreme Court judgment.
When the Court finally intervened, it did more than fill a legal gap — it gave voice to decades of unacknowledged suffering.
The Vishaka judgment recognized, for the first time, that sexual harassment at the workplace is not just a moral wrong but a violation of fundamental rights —
- Equality (Article 14)
- Non-discrimination (Article 15)
- Freedom to work (Article 19(1)(g))
- Right to life with dignity (Article 21)
This was a turning point. The Court shifted the focus from punishment after harm to prevention before harm, redefining sexual harassment as a public issue of equality and justice, not merely a private grievance.
Conclusion
Before Vishaka, Indian women worked in environments where the law was blind and society was indifferent. Their struggles for dignity went unnoticed because there was no vocabulary, no framework, and no institutional will to protect them.
The silence of the pre-Vishaka era reminds us why legal recognition and preventive mechanisms are essential. Without them, justice remains out of reach.
India needed — and continues to need — a system that ensures not just punishment after harassment, but prevention before it.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Privacy laws may vary based on circumstances and jurisdiction. Readers are advised to consult a qualified legal professional, such as Bisani Legal, for specific advice regarding data protection, privacy rights, or related legal concerns.
