The Birth of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013

  • Shaileja Narain and Aeshita Marwah
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  • Shaileja Narain

    Student at University of Petroleum and Energy Studies, India

  • Aeshita Marwah

    Student at University of Petroleum and Energy Studies, India

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Abstract

Sexual harassment in the workplace is a global problem that affects people from the richest to the poorest countries. This is a syndrome that has a negative impact on both men and women. Sexual harassment is more common among women than among men. All of the protections, restrictions, and precautions in the world will not prevent such infractions from occurring. It is not always unintentional when we claim something is unwelcome. Victims may agree to or actively participate in behaviour that they deem offensive or otherwise undesirable. As a result, sexual acts are only regarded undesired when the person who is the focus of such activities feels that way. The nuances of the situation determine whether or not a dating request, sexual comment, or joke is accepted. Sexual harassment at work may be viewed as a danger to a woman's right to equality, life, and freedom as protected by the Indian constitution. The Supreme Court expressed this statement for the first time in the important case Vishaka vs. State of Rajasthan. As there was no legislation at the time, the Supreme Court utilised the authority provided to it by Article 32 of the country's constitution to develop rules to be followed by all workplaces and institutions in order to offer safeguards to avoid sexual harassment of working women.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1314 - 1327

DOI: https://doij.org/10.10000/IJLMH.114187

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