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SEXUAL HARASSMENT AT WORKPLACE: A GROSS VIOLATION OF RIGHT TO EQUALITY AND DIGNITY
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Author(s):
DR. MEENU GUPTA
Vol - 7, Issue- 3 ,
Page(s) : 205 - 216
(2016 )
DOI : https://doi.org/10.32804/IRJMSH
Abstract
The global economic crisis, characterized by increasing de-regularization, privatization and outsourcing of jobs through a network of intermediaries, has led to a transformation of employment relationships. These changes resonate in Indian workplaces as well. It is in this context that we must view the emerging challenges that working women face. In light of these developments, there is, more than ever before, a pressing need for the rights of women to be respected, protected and fulfilled, particularly in the workplace. The right to work encompasses the right to work free from sexual harassment. Sexual harassment constitutes a gross violation of women's right to equality and dignity. Workplace sexual harassment,
- Professor, Amity Law School, Noida, Amity University, Uttar Pradesh
- (1997) 6 SCC 241.
- http://www.un.org/womenwatch/daw/cedaw/, accessed on 10 June, 2016.
- Handbook On Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Ministry of Women and Child Development, Government of India, November 2015, p.1.
- All citizens shall have the right to practice any profession or to carry out any occupation, trade or business”
- Supra 4
- (1995) IRLR 3
- S.K.Malhotra, R.Chakravarty, Laws Over Crimes Against Women, Pal Publishing House, Second Edition, pp.389-394.
- AIR 1997 SC 3011
- http://www.iitg.ac.in/iitgicc/docs/Vishaka_Guidelines.pdf, accessed on 10 June, 2016.
- AIR 1999 SC 625.
- Supra 9
- S.K.Malhotra, R.Chakravarty, Laws Over Crimes Against Women, Pal Publishing House, Second Edition, pp.389-394
- The Management of Hirsch Watch Straps (P) Ltd v. The Presiding Officer, Labour Court, Salem, W.P. No. 37091 of 2003 dated 07-06-2011, High Court of Madras.
- Dr. B.N. Ray v. Ramias College, 2012 (130) DRJ 277.
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- Ibid.
- Ibid.
- Both the Medical Council of India as well as the Bar Council of India are governed by their own statutes which provide, among other things, the standard of behavior expected of the professionals recognised therein.
- Indira Jaising, Shomona Khanna, Sexual Harassment at workplace, Universal Law Publishing Co. Pvt. Ltd., Second Edition, 2014, pp.4 -11.
- Supra 13
- Section 3(1) of the 2013 Act states: "3. Prevention of sexual harassment-{l) No woman shall be subjected to sexual harassment in any workplace."
- Supra 21
- Ibid
- See definition of "employee" in section 2(f) of the 2013 Act.
- See definition of "employer" in section 2(g) of the 2013 Act.
- See definition of "un-organised sector" in section 2(p) of the 2013Act.
- Supra 21
- See definition of "workplace" in section 2(o) of the 2013 Act, which in sub-clause (v) includes- “any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey”.
- Supra 21
- Section 9(1) of the 2013 Act.
- Section 10 of the 2013 Act.
- Section 89 of the Civil Procedure Code, 1908 provides for arbitration, conciliation, judicial settlement through Lok Adalats, and mediation of disputes through specially constituted bodies set up for this purpose under different procedure rules.
- http://www.prsindia.org/uploads/media/Justice%20verma%20committee/js%20verma%20committe%20report.pdf, accessed on 12 June, 2016.
- See section 15 of the 2013 Act.
- Supra 21
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