Addressing Sexual Harassment at Workplace and Campuses in India: A Legal and Restorative Perspective

Sexual harassment in India is a widespread issue that erodes the dignity, equality, and rights of women, despite existing constitutional protections and legal frameworks. This paper explores the evolution of legal responses to sexual harassment, beginning with the landmark Vishaka v. Union of India case. The subsequent guidelines led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It illustrates the persistent disparity between legal provisions and practice, highlighting problems such as weak enforcement, ambiguous regulations, and cultural and social pressures that deter reporting. Building on this, the study further examines how conciliation contributes to restorative justice, particularly in schools and other educational settings. While conciliation offers benefits such as flexibility, privacy, and the opportunity for those involved to help solve their problems, it also has drawbacks. These include the risk of making serious issues seem less important and the chance that victims' rights might not be properly protected. The paper claims that conciliation works best when used carefully and only in certain situations, and that it requires proper safeguards to ensure it is used correctly. Finally, the paper uses a detailed, careful method to demonstrate the need for a more robust legal system that covers various forms of harassment and provides stronger enforcement mechanisms. The report says that stopping sexual harassment needs more than just new laws. It also needs a cultural shift, stronger accountability for institutions, and greater awareness so women can work and learn in safe, respectful places.