DIFFERENCE BETWEEN VISHAKHA GUIDELINES AND PoSH ACT

The Vishaka Guidelines, laid down by the Supreme Court of India in 1997 in the landmark case Vishaka vs. State of Rajasthan, were the first comprehensive framework to prevent and address sexual harassment of women at the workplace. Even before the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the related rules (collectively referred to as ?PoSH?) were enacted, Vishaka Guidelines pronounced in 1997 by the Hon?ble Supreme Court of India has served as a reference point for the Indian courts to grant reliefs to the victims of sexual harassment. While granting such reliefs, the courts have pronounced judgements giving liberal interpretation to Vishaka Guidelines in order to ensure that the purpose of these guidelines is not defeated.

Similar to Vishaka Guidelines, PoSH adopts a three-pronged approach of prohibition, prevention and redressal to deal with the menace of sexual harassment. It prohibits sexual harassment of women at any workplace, provides for a redressal mechanism to deal with the complaints of sexual harassment and at the same time, it puts obligation on the employer/ appropriate government to undertake preventive measures to sensitise and create awareness amongst employees/ public.

PoSH actually goes one step ahead of Vishaka Guidelines by providing details and expanding on various aspects of the skeleton of law provided by Vishaka Guidelines, for instance, qualifications/ disqualifications for members of ICC/ LCC, time bound procedure for dealing with complaints, defining aggrieved woman, defining employee, who can file complaint as aggrieved woman or on behalf of aggrieved woman, defining workplace, setting out the concept of extended workplace, consequences of non-compliances etc.