Sexual Harassment at Working Place: A Need for Law

Abstract

It is an open truth that working women have to face problems just by virtue of their being women.

Women have become equal participants in many respects at all levels of society. The future would see more women venturing into areas traditionally dominated by men. This will lead to income generation and greater sense of fulfillment among women. The attitude that considers women fit for certain jobs and not others, those who recruit employees. Women are in vulnerable conditions from ancient society till today, especially in working places. Various social reformers have tried to uplift the social conditions of women. Judiciary has played a vital role for her empowerment. Because of globalization, various sectors of government opened the gate for foreign corporate entities. Thousand of educated women working day and night in those service sectors, due to that the problems of working women’s has taken another shape, they are harassed physically (sexually) and mentally, there fundamental and human rights are in threat. There is no strong and specific legislation for protection of working women and their rights, Hence, the present paper aims is to how the judicial development for the protection of working women rights.

However, the entire aim of the paper seems to the landmark judgment by the Supreme Court of India in Vishaka v/s State of Rajasthan. It was in fact in this case for the very first time, that sexual harassment at the workplace was acknowledged to be a human rights violation, and elaborate guidelines were put into place. Sexual harassment at workplace was becoming an intolerable and uncontrollable panic. Amidst various other developments, controversies and delays, the Indian legislature finally enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Act No. 14 of 2013), with an objective to protect women against sexual harassment at workplace and to put in place a redressed mechanism to handle complaints. The Act has effectively adopted and followed the guidelines laid down in the Vishaka judgment with added provisions of strictness and compliance.