Law Relating to Sexual Harassment of Women at the Workplace in India: A Critical Review

23 Pages Posted: 12 May 2018

See all articles by Anuradha Chadha

Anuradha Chadha

Department of Laws, Guru Nanak Dev University Regional Campus

Date Written: April 30, 2018

Abstract

It is a harsh reality that despite of various international laws for equality as well as empowerment of women and various provisions of Indian Constitution along with various legislative measures, with the increase in the women workforce, they still are denied the enjoyment of economic empowerment and are facing sexual harassment on roads and also in their workplace at global and also at national level. In the case of Vishaka v. State of Rajasthan, the Apex Court of India acknowledging the first time sexual harassment as unwelcome act laid down exhaustive guidelines for its prevention. The guidelines framed by Supreme Court then received a legal shape in the form of Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013, ‘The Gender Sensitization and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulation, 2013’ and UGC (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015 but the Act and the Regulations fall far short of the norms set by the Vishaka judgment. In recent times, a number of judgements have been pronounced providing reliefs to the victims of sexual harassment at working place but this grievous form of crime against women still continues to be a matter of concern. In order to curb this heinous crime, first of all, the faulty and controversial clauses in the present Act and regulations need to be considered and amended; monitoring mechanisms need to be adopted seriously; level of awareness needs to be raised among the general public and at the last Women Reservation Bill for providing political participation to women needs to be enacted.

Keywords: Feminist Jurisprudence, Gender Discrimination, Human Rights, Sexual Harassment of Women, Women Empowerment

JEL Classification: K31, K42, J71, K14, J81, J83

Suggested Citation

Chadha, Anuradha, Law Relating to Sexual Harassment of Women at the Workplace in India: A Critical Review (April 30, 2018). Available at SSRN: https://ssrn.com/abstract=3171264 or http://dx.doi.org/10.2139/ssrn.3171264

Anuradha Chadha (Contact Author)

Department of Laws, Guru Nanak Dev University Regional Campus ( email )

Ladhewali (Jalandhar)
Jalandhar, Punjab 144007
India
01812414147 (Phone)
0181-2410050 (Fax)

HOME PAGE: http://www.gndu.ac.in/gndu2014/jalandhar_campus.html

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