The Necessity of a Gender-Neutral Law on Sexual Harassment in the Workplace: Specifying the Lacuna in the Legislation

The article examines the need for a gender-neutral law on sexual harassment in the workplace, with some critiques of the gaps in the available legislations, particularly regarding protection for men and the third gender. The article traces the development of laws for the protection of women from sexual harassment in the workplace from the landmark Vishaka judgment of 1997 and the enactment of the Sexual Harassment of Women at the Workplace (Prevention, Prohibition, and Redressal) Act, 2013. It also traces the legislative history of the Protection of Women against Sexual Harassment Bill, 2010, with special emphasis on the key objections raised during the course, namely the gender-specific nature of the law itself. The article states that, although the bill seeks to ameliorate some conditions of workplace harassment, it does very little in terms of accepting the wide ambit of sexual harassment with respect to all genders, especially regarding men who are becoming increasingly victims of workplace harassment by women in a position of power. A case for a redefined perspective on sexual harassment laws is made in favor of gender neutrality, which would safeguard all in equal measure regardless of gender, age, or social status. The absence of provisions for the third gender is again criticized in the existing framework, which also suffers for want of an enforcement mechanism backed by empirical data. From a juxtaposition with some progressive international norms, the article argues that the approach towards workplace harassment legislation should, therefore, take into account the changing social mores and defend the rights of all employees. To conclude, the article proposes that though the 2013 Act represents some measure of achievement with regard to the protection of women, there is also an urgent need for India to implement an inclusive law that extends full protection to all workers from sexual harassment.