Sexual Harassment At Workplace (Prevention, Prohibition & Redressal) Act,2013
INTRODUCTION
Pooja, a girl belonging to a well-educated family, completed her graduation from a top B-school and is placed in a reputed company with a good salary package. In spite of a successful career, Pooja is still stressed and unhappy. Why? The reason is though having all these, Pooja is sexually harassed by her male colleagues in her office. And hence she is all the time worried about her safety at her workplace where she spends about 9- 10 hours of her day.
This is not just the story of Pooja. There are many instances where a woman is sexually harassed at her working place. Survey of 2010, the Center for Transforming India survey (2010) revealed that nearly 88 per cent of women witnessed some form of workplace sexual harassment during the course of their work.[1] India has the lowest ratio of working women in the world and experiences such pathetic conditions for women.
In 1997, The Supreme Court of India for the first time acknowledged this particular issue in the case of Vishakha v. State of Rajasthan. In this case, sexual harassment at the workplace was recognized by the Apex Court as well as the need to constitute a mechanism for the same was felt. Because there was no legislation particularly to address this offence, The Supreme Court laid down certain guidelines to regulate the issue until legislation is brought into existence. These guidelines are popularly known as Vishakha Guidelines and are a prominent example of judicial activism.
After 16 long years of Vishakha Guidelines, the sexual harassment at workplace (prevention, prohibition & redressal) Act,2013 came into existence. The Act adopted all the guidelines and also revised it with added provisions for compliance. The Act provides for the protection of women from sexual harassment in workplaces be it a public place, private place, or organized unorganized sector. Students, interns, labours, temporary, and permanent workers are all covered by this Act regardless of their age and nature of employment.
What Constitutes Sexual Harassment
Sexual harassment at the workplace is a form of gender discrimination violating a women’s fundamental rights of Article 14( Right to equality), Article 15( Right against discrimination), Article 16(Right to Equality in employment) and Article 21 (Right to life and personal liberty) given under the Constitution of India. Workplace harassment is an obstacle for the working woman as she is not able to give her best in her work which affects her career as well as her health. It puts the women into great suffering both socially as well as emotionally.
Under the Act, Sexual harassment includes any one or more of the following unwelcome
acts or behaviour (whether directly or by implication) namely:-
(i) physical contact and advances; or
(ii) demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature
No comments:
Post a Comment