LEGISLATIVE COMMENTARY ON THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013
Author – Surya Chandan, Advocate at JAMMU & KASHMIR HIGH COURT
Best Citation – Surya Chandan, LEGISLATIVE COMMENTARY ON THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013, ILE CONSTITUTIONAL REVIEW, 2 (1) of 2023, Pg. 38-43, ISSN – 2583-7168.
ABSTRACT
Women is the key foundation of this nation. ‘Just as a bird cannot fly with one wing only, a nation cannot march forward if the women are left behind stated by Swami Vivekananda. From the pre-historic era, women’s are always considered as weaker section of the society. Moreover crimes like rape, eve-teasing, feminine infanticide, dowry, domestic violence, child marriage and acid attack are increasing frequently. India is now facing the matter of accelerating range of cases of sexual harassment at the workplace despite the actual fact that there are various laws to club the menace.[1] Male & female are indeed different biologically but nature don’t create any difference. Workplace Sexual harassment is a form of gender discrimination irrefutably hampers women’s constitutional and fundamental rights to equality, justice, dignity and right to life guaranteed under Articles 14, 15 and 21 of the Constitution of India. Heinous crimes are being perpetrated over them every minute. Workplace sexual harassment not only creates an insecure and hostile working environment for women but also impedes their liability to deliver in today’s competing world[2]. The work of various organisation, social activist, human right mechanisms and States has been crucial in guaranteeing that the human rights framework has developed and adjusted to summarize the gender specific dimensions of human rights violations to safeguard women in better approach. CEDAW (The convention on the elimination of all forms of discrimination against women) defines sexual harassment as An act which incorporate such displeasing sexually determined behaviour as physical contact and advances, sexually coloured remarks, showing pornography and sexual demands whether by words or actions. The Sexual Harassment at Workplace Act, 2013 is a recommendation of the Justice Verma Committee. The Act aims at providing protection to women at workplace which includes any organization, institution, hospitals or any private sector organization or any place visited by employee during the course of employment[3].
Keywords : Sexual Harassment, Workplace, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Women, POSH Act, Workforce, Human right mechanisms. Fundamental rights, women’s right.
[1] https://www.researchgate.net/publication/335567997_Sexual_Harassment_of_women
[2] https://www.nishithdesai.com/
[3] Supra 1