Evolution of the Indian Law on Workplace Sexual Harassment
Journal Title: International Journal of Humanities and Social Science Invention - Year 2017, Vol 6, Issue 9
Abstract
Women in India are being the victims of various kinds of violence since long. Sexual harassment of women at workplace is one of the crimes against women which is increasing rampantly. However, legally speaking, the concept of sexual harassment was coined and acknowledged in the early 1970s when some specific cases relating to harassment of women at work became prominent in the West and also in India which made evident that women needed protection at workplace. Harassment of sexual nature is condemned as a form of violation of the Fundamental Right of Gender Equality and the Right to Life and Liberty enshrined in the Indian Constitution under Articles 14, 15, 19(1)(g) and 21 and the right to practice any profession, which includes a right to a safe environment free from sexual harassment. The protection against sexual harassment and the right to work with dignity are universally recognized Human Rights by International Conventions and instruments such as the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), which has been ratified on the 25 June, 1993 by the Government of India. The Supreme Court laid out guidelines, commonly known as the VishakaGuidelines making it mandatory for the employers to provide for mechanisms to enforce the right to gender equality of working women.Following the Guidelines, the Government of India passed an Act to prevent and combat the occurrence of sexual harassment of women at workplace in April 2013, namely- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The object of this research paper is to throw light on the evolution of the Indian law on workplace sexual harassment and analyze the provisions of the Act since a legal framework is necessary to eliminate this social evil.
Authors and Affiliations
Pallavi Kapila
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