Sexual Harassment at Workplace in India

Abstract

Across the globe today, the issue of sexual harassment has become ubiquitous transgressing all limits and boarders. Sexual harassment at workplace creates an insecure and hostile work environment, thereby discouraging women’s participation in work and adversely affecting their social and economic growth. The Supreme Court of India in the year 1997 in Vishakha v. State of Rajasthan acknowledged the gravity of sexual harassment of the working women at workplace and laid down guidelines, thus making it mandatory for the employers to prevent the commission of acts of sexual harassment. But India took 16 years to enact the Sexual Harassment of Women at Workplace Act, 2013 for prevention of sexual harassment against women at workplaces. This papers aims at highlighting the present status of women at workplace despite of having the legislation recently enacted in India to prevent the sexual harassment at workplace. Paper discusses in detail what amount to be sexual harassment at workplace and different types of sexual harassment. It further illustrates the different legal provisions in different enactments in India including the Constitution of India to prevent such practices at work place and discuss how the Indian judiciary in pronouncing the judgments on sexual harassment cases also relied on international human rights conventions and norms. It further tries to analyze the haphazard in protecting females at workplace and highlight why it’s challenging to eliminate sexual harassment at workplaces.