Prevention of Sexual Harassment of Women at Workplace: Legal Framework in India
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The prosperity, advancement and achievements of a civilization can be gauged by the status given to women in society. One of the several factors that justify the greatness of India’s ancient culture is the honorable place granted to women; culturally, as well in the eyes of religion, women always held a place of prominence in ancient Indian society. Over a period of time due to various social and historical reasons and various customs and traditions women in society lost their importance. Some global changes and challenges have occurred more particularly in the last decade. On the one hand the violence against women has been rampant everywhere, at the same time there has been growing consciousness for the protection and promotion of human rights of women, on the other hand. The problem becomes more complex where the violence includes rape, sexual abuse, sexual harassment and intimidation and even goes beyond. The issue before us is how to protect women particularly in this era of sexual abuse/exploitation at work place in particular. The aim of the present article is to assess the historical background of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 and critically evaluate the same.
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- [1] Every Day Resistance, published by The Alternative Law Forum, in 2020, available at https://altlawforum.org/wp-content/uploads/2021/09/Everyday-Resistance_Web.pdf, visited on 10-03-2024. [2] flirting would be considered Sexual Harassment if it makes the woman uncomfortable, i.e., if the woman perceives it as an unwelcome behaviour. [3] Saheli newsletter September, 1997. Available at https://sites.google.com/site/ saheliorgsite/violence/sexual-harrassment/sexual-harassment-at-the-workplace, visited on 30-09-2019. [4] A village level worker (sathin) in a government women's development project in Bhateri village of Rajasthan in 1992. [5] Bhanwari, like most women in rural areas, faced many impediments while trying to report the rape and have a medical examination conducted, thus leading to poor quality of physical and forensic evidence to establish rape. The rape case still drags on in appeal after the main accused were acquitted by the district court in 1995, which observed that the rapists were middle-aged and respectable persons of a higher caste who could not have raped a lower caste woman. [6] Article 19(1)(g) of the Constitution of India. [7] Vishaka and Ors. v. State of Rajasthan, AIR 1997 SC 3011 [8] On 18 December 1979, the Convention on the Elimination of All Forms of Discrimination against Women was adopted by the United Nations General Assembly. It entered into force as an international treaty on 3 September 1981 after the twentieth country had ratified it. By the tenth anniversary of the Convention in 1989, almost one hundred nations have agreed to be bound by its provisions. For more information visit https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women [9] Supra note 1. [10] Ibid. [11] Supra note 1. [12] Seema Lepcha v. State of Sikkim & Ors.SLA (Civil) No.34153/2010 decided on 3-2-2012 [13] AIR 2013 SC 93. [14] Ibid. [15] Section 2(n) [16] Supra note 1. [17] Section 2(a) [18] Supra note 1. [19] ''workplace'' includes—(i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society; (ii) any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service; (iii) hospitals or nursing homes; (iv) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto; (v) any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey; (vi) a dwelling place or a house. [20] Ayesha Kidwai, Mourya Anubhuti, 'Sexual Harassment at work Place: Extending the Debate'. Available at www.indiareal.com, visited on 23-02-2019. [21] Supra note 1. [22] Ibid. [23] Ibid. [24] Ibid.