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SEXUAL HARASSMENT OF WOMEN AT WORK PLACE: A STUDY OF INDIAN

LEGISLATION AND JUDICIAL APPROACH

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Indian Journal of Law and Legal Research Volume IV Issue I | ISSN: 2582-8878

SEXUAL HARASSMENT OF WOMEN AT WORK PLACE: A

STUDY OF INDIAN LEGISLATION AND JUDICIAL
APPROACH

Dr Pallavi Singh* & Mr. Radha Ranjan**

ABSTRACT

In today's world, sexual harassment is a major source of concern. Sexual

harassment infringes on women's fundamental rights, particularly the right
to equality enshrined in Articles 14 and 15 of the Indian Constitution, as well
as the right to life and a dignified existence enshrined in Article 21.The
Indian Constitution's Preamble promises that all citizens will have "equality
of status and opportunity. The constitutionally protected fundamental rights
support the elimination of sexual harassment at the workplace. The Supreme
Court has undoubtedly taken a courageous step in protecting women's rights
by establishing rules for an issue that had not received adequate attention
until 1997, after decades of independence. The origin of sexual harassment
has been taken from the Bhanwari Devi case and an account of the Vishaka
and Ors. v. Union of India, 1997 judgment, which highlight the causes that
tend to spontaneously increase in sexual harassment cases from various time
perspectives. The Court's intervention in cases involving sexual harassment
of women paints a different picture. It demonstrates that courts have
recognized their role in societal change and have effectively exercised their
powers for the greater good. Sexual harassment not only harms a woman's
physical appearance, but it also harms her emotional and mental growth.

Keywords: Sexual Harassment, Vishakha guidelines, POSH Act, Women,

Workplace.

*
Assistant professor, Department of Law and Governance, Central University of South Bihar
**
Research Scholar, Department of Law and Governance, Central University of South Bihar

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INTRODUCTION

Country and Nation which do not respect women have never become great nor will ever
be in Future- Swami Vivekananda

Gender equality is a fundamental human right in all aspects, and the Indian Constitution
guarantees all citizens equal status and opportunity. Sexual harassment is considered a violation
of a woman's fundamental right to equality, as guaranteed by the Indian Constitution. Sexual
harassment at the work place creates the environment of work place a so insecure where a
woman cannot work and discourages women working and causing harms their social and
economic growth. The Indian constitution also assures every citizen the right to participate in
any occupation, trade, or business, as well as the right to a safe environment free of all forms
of harassment. Women are physically weak by nature which has resulted discrimination and
crimes against women in their parental house matrimonial house and at workplace. Gender
equality in all aspect is a fundamental human right, and the Constitution of India also ensures
to all citizens equality of status and opportunity. Sexual harassment of women at work place is
considered as a gross violation of a woman's fundamental right to equality, as guaranteed by
the Indian constitution. Sexual harassment in the workplace creates an insecure and hostile
work environment, discouraging women from working and jeopardizing their economic and
social development. The Indian constitution also assures every citizen the right to work in any
occupation, trade, or business, as well as the right to a safe environment free of harassment in
all forms like hugging, brushing, patting against the touching.

The Supreme Court's guidelines define offensive conduct as physical contact or advances, a
demand or request for sexual favors, sexually colored remarks, and the display of pornography.
When the granting of sexual favors is made a term or condition of the individual's employment,
when it interferes with the individual's work performance, or when it creates an intimidating or
hostile work environment, sexual harassment becomes even more serious. The offensive
behavior could come from a superior, a colleague, a subordinate, or a client. In general, there
are two types of sexual harassment that are legal. Quid pro quo sexual harassment and insecure
working environment are two types of sexual harassment. Quid pro quo sexual harassment
occurs when an employee is promoted or even keeps his or her job based on whether or not the
employee accepted or rejected sexual advances or other types of inappropriate sexual
comments. For example, it would be considered Quid pro quo sexual harassment if a supervisor
told an employee she would be more likely to be promoted if she dressed sexier. Furthermore,

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the environment is hostile. Harassment occurs in the workplace when a colleague or supervisor
makes sexual advances or comments to an employee that, while not affecting promotions or
the future of the employee's job makes the employee's working environment offensive and
hostile.

In a legal sense, the term sexual harassment appears to have been coined in the United States
of America and then exported to other industrialized countries such as Australia, Canada, New
Zealand, Japan, and a number of Western European countries. These other countries only
became acquainted with the term "sexual harassment" in a formal legal sense in the 1980s or
early 1990s. Sexual harassment as a legal concept gained meaningful application in the United
States only in the mid 1970s, when US courts ruled that it was a form of sex discrimination
that was prohibited. However, the term "sexual harassment" has gained the most acceptances
because it is more fully describes the malady than other terms. Sexual harassment is a concern
in India due to societal norms and economic dependence. Laws that favor men highlight
discriminatory practices. Inadequate policing and judicial practices prevent female victims
from receiving adequate protection and justice. Although female participation in public life is
increasing and laws are being amended, India still has a long way to go before Indian women
can be recognized equal citizens in their own country. The brutal gang-rape of a 23-year-old
woman in Delhi on December 16, 2012, brought the issue of violence against women in India
to the forefront. The December incident sparked an outpouring of rage and frustration at the
situation that allowed such attacks to occur. A large number of people took to the streets to
demand change. However, the issues at hand are complex and deeply rooted. Although public
life is expanding and laws are being amended, India still has a long way to go before Indian
women are considered equal citizens in their own country. The Justice J S Verma Committee
was then formed to recommend changes to the Criminal Law to allow for faster trials and
harsher punishment for criminals accused of sexual assault against women. In response to
Justice J.S. Verma's request, the Committee Parliament passed the Criminal Amendment Act
2013, which amends the Indian Penal Code, the Indian Evidence Act, and the Code of Criminal
Procedure and also passed the Sexual Harassment of Women at Work (Prevention, Prohibition,
and Redressal) Act of 2013.

The above mentioned law reiterates the definition of sexual harassment given by the Supreme
Court of Vishaka v Rajasthan State (1997). Article 19 (1) (g) of the Indian Constitution of
India also ensures the right of all citizens to practice any profession or to do their trade or

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business. The Vishaka case found that acts that resulted in infringement of the rights of "gender
equality" and "right to life" and “right to freedom” were in fact is violation of the victim's
fundamental rights under Articles 14, 19 (1) and 21 0f the Indian Constitution. The ruling states
that sexual harassment in the workplace violates women's rights and is more than just personal
harm. Prior to the passage of the Criminal Amendment Act, sexual harassment cases were filed
under Sections 354 and 509 of the Indian Penal Code 1860 in 2013.There was no specific
statutory provisions related to sexual harassment at workplace before passing the Criminal
Amendment Act 2013, but now section 354 A IPC define sexual harassment and punishment
for this and new statutory provisions has been made related to sexual harassment at workplace.

SEXUAL HARASSMENT AT WORKPLACE: INDIAN LEGISLATION APPROACH

While drafting the supreme law of the land, the founding fathers of the Republic of India's
Constitution had a vision of the pervasive sexism. As a result, in order to balance male
dominance in our society, our Constitution granted women certain additional rights.

1) The constitution of India 1950-The preamble of the Constitution ensures "equality of status
and opportunity," but sexual harassment at work place is the antithesis of the equalities
guarantees in the preamble. Sexual harassment in the workplace violates Articles 14 and 15,
which provide for gender equality and equal protection under the law and prohibit gender
discrimination. Article 15(1) state that the state shall not discriminate on the basis of race, caste,
religion, gender, or Place of birth. However, Article 15 (3) states that "there is nothing in this
article that prevents the state from making special arrangements for women and children." This
negates the effect and gives the female a special status or appointment. Article 16 (2) prohibits
sex discrimination in public services. "Sexual harassment, which creates an environment that
is hostile or abusive to members of a certain gender, is a very arbitrary obstacle to sexual
equality in the workplace, where racial harassment is to racial equality." The requirement that
a man or woman be sexually harassed in exchange for the privilege of earning a living can be
as sneaky and disturbing as the most demanding racial labels.

Article 19(1) (g) guarantees the right of every individual to "practice any profession or carry
on any occupation, trade, or business." It is a woman's fundamental right to work wherever she
wants, but "sexual harassment" at work acts as a deterrent and prevents them from exercising
their constitutional right. "Sexual harassment" at work not only affects a woman's mental,
physical, or social well-being, but it also impairs her ability to perform and excel in her field,

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making it difficult for her to earn a living. "Sexual harassment" at work also violates a woman's
Article 21 "right to life and personal liberty." The right to subsistence, which is a critical
component of Article 21, is also curtailed. It prevents her from enjoying the safe working
environment to which she deserves by the virtue of Constitution, and to ensure her these
fundamental rights to live with dignity, the evil "sexual harassment" at workplace must be
eliminated so that women can work freely without any fear.

Part IV of the Constitution states that the state should keep the following principles in mind
when developing policies:

• Article 39A Equal Justice and Free Legal Aid

• Article 41 Labor rights, education and, in some cases, government support

• Article 42 provisions on fair and appropriate working conditions and maternity allowances

• Article 43 Workers' living wages and decent standard of living

These directives principles of the state policies though unenforceable in nature must be
observed while, making, enforcing, and interpreting the law. Article 51A states that every
citizen must respect and adhere to the Constitution in order to maintain harmony. Derogatory
practices against women must be prohibited if taken literally.

2) Indian Penal Code of 1860 and Criminal Law (Amendment) Act, 2013-In the case of
assault or criminal force committed with the deliberate intent to offend the modesty of women,
Section 354 of the IPC penalizes for a term of not less than one year and up to five years, as
well as a fine. Section 509, which punishes any word, act, or gesture intended to insult the
modesty of women, provides for simple imprisonment for a term of up to three years, as well
as a fine, despite the fact that the term ‘modesty,' which is frequently used, has not been defined.
The Criminal Law (Amendment) Act, 2013, introduced new sections such as 354A, 354B,
354C, and 354D that specifically deal with sexual harassment, disrobe, voyeurism, and stalking
in relation to SHW, whereas an act of physical and sexual assault is dealt with in S.375, S.376,
376A, S.376D, 326A & 362B with a punishment of one year along with fine extending to death
sentence. S.166A requires public servants to take cognizance of the offence, failing which a
punishment of six months to two years in prison and a fine may be imposed, and Section 114A
of the Evidence Act of 1872 - With the assistance of these sections, any woman can seek justice,

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and punishment can be determined. The Criminal Law (Amendment) Act of 2013 added
Section 354 A to the Indian Penal Code, which provides for the definition of sexual harassment
offence and also provides punishment for the said offence. And the penalty ranges from one to
three years in prison and fine. And also, the employers have the duty to report these types of
crimes.

3) The Equal Remuneration Act of 1976-ensures the elimination of discrimination against

women in determining their wages, promotion and transfer and also ensures equal pay for equal
work irrespective of gender and solely proportion of work done by employee.

4) The Industrial Disputes Act of 1947- The Act has a provision to allow an employee to sue
the employer in labour tribunal for wrongful dismissal of employee due to non-compliance
with the demands of employer to do sexual favors. The Act also includes a definition of "unfair
labour practices," broad interpretation of which includes sexual harassment.

5) The Industrial Employment (Standing Orders) Act, 1946- The Act imposes a legal
obligation on employers to mention and communicate working conditions of employees. The
Act is a substantive law classifies sexual harassment as misconduct, which may result in
suspension or dismissal of employer.

6) The Indecent Representation of Women (Prohibition) Act, 1986- Harassment of a

woman by an individual through books, photographs, paintings, films, pamphlets, or packages,
among other things, is punishable by a minimum sentence of two years. Companies fall under
the purview of this law under Section 7 of the Act, and as a result, a two-year sentence can be
imposed on the accused. The act addresses civil suits brought under tort laws on the basis of
SHW that result in loss of income, livelihood, and employment.

7) The Factories Act, 1948- the Act has the provisions of Separate toilet and washes rooms
for men and women, under S.19 of the Act. Further, under Section.48 (1), mentions to provide
crèche facility to employees, where the number of female employees is more than thirty for the
proper care of their children under the age of six. And also, Section 66 prohibits women from
working in factories between the hours of 6 a.m. and 7 p.m., and no woman can work between
the hours of 10 p.m. and 5 a.m., while Ssection.56 states that no woman can work in a factory
for more than 9 hours per day.

8) Maternity Benefit Act, 1961- This act makes it easier for women to face the challenges of

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motherhood by protecting them from unemployment and prohibiting them from doing any
work that is harmful to their health or that of their unborn child, in order to ensure women's
security, safety, and a favorable working environment.

9) The Information Technology (Amendment) Act, 2008 and Indecent Representation of

Women (Prohibition) Act- The two important legislation protect the women from sexual
harassment at workplace.

10) The National Commission for Women Act, 1990 and The Protection of Human Rights
Act, 1993- The main object the Acts is for the better protection of woman's right with
campaigning and better protection of the woman's human rights.

11) International Convention on the Elimination of All Forms of Discrimination against

Women, which the Government of India ratified on June 25, 1993, recognize the protection
of women from sexual harassment protection and also ensures the women to work with dignity.
As a result, a law has been passed to give effect to the said Convention for the Protection of
Women at Work against Sexual Harassment.

12) Sexual Harassment of Women at Workplace (Prohibition, Prevention and Redressal)

Act, 2013- As women's participation in the labour market grew in both in organized and
unorganized sectors, there is a need for free and safe working conditions for them by the virtue
Art. 19(1) (g) and Article 21 of the Indian Constitution. Enacting legislation that dealt solely
with SHW at work and included a redress mechanism became an absolute necessity. With the
support of the "Criminal Law (Amendment) Act of 2013 the Act demonstrates the importance
of Articles 14, 15, 19(1)(g), and 21 in creating a gender-neutral environment. This Act supports
Article 11 of CEDAW, which protects women's constitutional rights. Because it focuses solely
on employer-employee relationships and does not protect any act carried out by a party not
covered by the law, the PoSH Act is linked to the country's labour laws.

The Act covers the entire country of India. It defines an 'aggrieved woman' as a woman who at
any age alleges that she has been the victim of any act of "sexual harassment" by the
respondent, whether she is employed or not. Under this Act, a "employee" is defined as a person
who is employed at a workplace for regular, temporary, ad hoc work, or on a daily wage,
whether directly or through an agent, with or without the knowledge of the principal employer,
whether or not for remuneration, working voluntarily or otherwise. Domestic workers will also
benefit from it. The concept of "extended workplace" is attached to the concept of "room of

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workplace," which is an appealing feature of the Act. "Any place visited by the employer
during the course of employment other than the office, including transportation provided for
commuting, will be considered a workplace." The Act addresses a flaw in that it is not gender
neutral. It is not necessary that "Sexual harassment” is done solely by men. A woman can also
be guilty of the offence. Unlike the PoSH Act for women, ironically, there is no any separate
legislation which deals with sexual harassment of males, and there are no any such provisions
in our criminal law.

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE: JUDICIAL APPROACH

Prior to 1997, there were no formal and specific guidelines in India there were no formal
guidelines in India to prevent the sexual harassment of women incident at work. Women who
have been sexually harassed at work can file a complaint under Section 354 of the Indian Penal
Code, which deals with 'criminal assault of women to outrage women's modesty,' as well as
Section 509, which punishes anyone who uses a 'word, gesture, or act intended to insult a
woman's modesty.' The interpretation of 'outraging women's modesty' was only in the
discretion of police officers in these sections.

Vishakha and others v State of Rajasthan was a 1997 Vishakha including other women's
organizations filed a Public Interest Litigation against the State of Rajasthan and the Union of
India in the Indian Supreme Court to ensure the fundamental rights of working women as
guaranteed by our Indian Constitution. Bhanwari Devi, a social worker in Rajasthan, was
brutally gang raped for opposing a child marriage in the state of Rajsthan. The court decided
that only "International Conventions and norms are significant for the purpose of interpreting
the rights of gender equality, right to work with human dignity in which is there under Articles
14, 15 and 19(1)(g) and 21 of the Indian Constitution, as well as the implicit safeguards against
sexual harassment. The above mentioned petition led to the formulation of Vishaka Guidelines,
which were so important which attracted the legislation to legislate a new Act, which is widely
known as Sexual Harassment of Women at Workplace (Prohibition, Prevention and Redressal)
Act, 2013. The judgment of August 1997 given by a bench of J. S. Verma ( Ex C.J.I), Sujata
Manohar and B. N. Kirpal, provided the basic definitions of sexual harassment at the workplace
and provided guidelines to deal with it.

Sexual harassment includes such unwelcome sexually determined behavior (whether directly
or by implication) as:

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a) physical contact and advances; b) a demand or request for sexual favors; c) sexually colored
remarks; d) showing pornography; e) any other unwelcome physical verbal or non-verbal
conduct of sexual nature.

When any of these acts are committed in a situation where the victim has a reasonable fear that
the conduct is related to her employment or work, whether she is earning a salary, honorarium,
or volunteering, whether in government, public, or private enterprise, it can be humiliating and
pose a health and safety risk. It is very critical condition when a working woman has reason to
believe that her objection will lead to the lower her status, harm her employment, and injure
herself and her family. Sexual harassment does not have to be physical as a result. Sexual
harassment is defined as any act that creates a hostile work environment, such as cracking lewd
jokes, verbal abuse, or spreading lewd rumors. The creation of a hostile work environment
through unwelcome sexual physical, verbal, or nonverbal conduct may be the result of a pattern
of behavior involving several such acts rather than a single act. In cases of workplace sexual
harassment, public interest litigation can be effective. They enable groups of employees to
challenge the widespread prevalence of workplace sexual harassment. The State may be
ordered by a PIL to ensure safe working conditions for its employees in accordance with
Vishaka and to establish mechanisms for enforcing the law. A woman who is sexually harassed
at work has a legal right to be compensated.

Apparel Export Promotion Council v. A.K Chopra was the first case before the Supreme Court
in this regard after Vishaka. The Supreme Court upheld the dismissal of a superior officer of
the Delhi-based Apparel Export Promotion Council after finding him guilty of sexually
harassing a junior female employee working under him, following the guidelines laid out in
the Vishaka Judgment. The Supreme Court broadened the definition of sexual harassment in
this decision, holding that physical contact is not required for an act of sexual harassment to be
considered. Undoubtedly, physical contact or advances would lead to sexual harassment, but
not necessary for the said offence, such physical contact or advances are a part of the sexually
determined behavior," the Delhi High Court held in Shanta Kumar vs CSIR, a Physical contact
that has no sexual overtones and is not caused by the complainant's gender may not be
considered sexual harassment.

Suman Dhanda v. Kurukshetra University, Kurukshetra and others In the absence of enacted
legislation to provide for the effective enforcement of the basic human right of gender equality
and guarantee against sexual harassment and abuse, particularly at work places, we establish

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the guidelines and norms set forth herein for due observance at all work places or other
institutions. This is being done to enforce Article 32 of the Constitution's fundamental rights,
and it should be noted that this will be treated as the law declared by this Court under Article
141 of the Constitution.

Railway board v. Chandrima Das, According to the report, physical violence by government
employees against women offends women's modesty and violates their right to dignity. And,
because the victim in this case was a Bangladeshi citizen, the SC ruled that Article 21 rights
and protections apply to non-citizens as well.

Medha v Kotwal Lele & Ors. V. U.O.I. & Ors. On October 19, 2012, In order to provide a safe
and secure working environment for women in all aspects, the guidelines in Vishaka must be
implemented effectively for ensuring the elimination of sexual harassment at work place,
allowing them to work with dignity, decency, and respect and Sexual Harassment, even against
an IAS Woman Officer, has no bearing on a woman leader's power and might. K. P. S. Gill is
the most well-known example of a sexual harasser and molester surviving. Mr. Gill was
convicted of molesting a Punjab cadre IAS officer, Rupan Deol Bajaj, at an official reception
in Chandigarh while he was the Punjab police chief. He claimed he was inebriated and that Ms.
Bajaj was emphasizing the situation. The court found him guilty, charged him, and sentenced
him to three months in prison and a fine of Rs. 2 lakhs in January 1998. Despite this, he remains
popular among the chattering classes, the political establishment, and the media. People asked
us why we were complaining against K.P.S. Gill, the man who had faced terrorism in Punjab.
Ms. Jai singh said. People asked us why we were complaining against K.P.S. Gill, the man who
had faced terrorism in Punjab. Many others asked us, 'Was it a big deal?' He never raped her,
at least. 'All he did was slap her. The Chandigarh Chief Judicial Magistrate found him guilty
of violating Section 345 (outraging a woman's modesty) and Section 509 of the Indian Penal
Code (insulting a woman with word and gesture). That case took 18 years to win in court.
However, they had to battle the Punjab government's might, which pitted itself against an
ordinary woman, according to senior lawyer Indira Jai singh. Women's problems are never seen
as their problems. They are always diverted. I've been fighting cases for women for years, and
I still believe there isn't enough acceptance of how women's issues should be handled.

In a situation where there was no legislation in place, the judiciary was playing an active role
in establishing fundamental principles of justice. Thus, the above-mentioned cases demonstrate
that the judiciary's role is not limited to the interpretation of statutes, but can also include the

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creation of new rules in order to preserve democratic values and justice. Cases like these are
historic in nature, and they inspire us to have faith in our country's judicial system. Such
decisions are necessary for upholding the Rule of Law, which is a fundamental principle of our
Constitution.

SEXUAL HARASSMENT AT WORKPLACE: PRESENT PERSPECTIVE OF

SEXUAL HARASSMENT IN INDIA

Sexual harassment of women is a worldwide problem that affects both developed and
developing countries. It has spread and in the society irrespective of the religion, society which
the women belongs and status of a woman and not limited in one specific profession. It has
erupted into a global crisis, as it is offensive to human dignity, human rights, and gender
equality. It's a complicated issue involving women, their perceptions and behavior, as well as
societal social norms that stems from gender discriminatory attitudes and is a complex interplay
of gender, power, and sexuality. The role of women in India is rapidly changing as a result of
industrialization, globalization, and development in various fields. In India today, women are
making strides in almost every field, including education, economics, politics, media, art, space
and culture, service industries, science and technology, and so on. As women's roles have
shifted from domestic to commercial, so have the number of crimes committed against them.
Despite rising rates of sexual harassment, women are reluctant to report it for fear of losing
their personal and professional reputations and livelihoods as a result of the social stigma.

Tarana Burke, an activist, started the #MeToo movement almost 14 years ago. Her goal was to
get the word out that the survivors have been 'heard' and 'understood.' The primary aim of this
online campaign was to make women aware so that they can come forward and speak up about
the exploitations happening against them, but that did not appear to be the case. Victimized
women are frequently viewed as sympathetic figures. Many well known personalities from
India and rest of the world has shared about her experiences of sexual harassment. and social
media appear on a daily basis serves as a reminder of the Movement's widespread impact and
awareness. Moreover sexual harassment was measured on the scale of three parameters,
namely: gender harassment, unwanted sexual attention, and sexual coercion, and women were
found to be less subjected to sexual coercion and unwanted sexual attention. Sexual
harassment, on the other hand, has increased dramatically.

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Many people have backed #MeToo, but there has also been a lot of backlash. One positive
result of his Movement is that talking about and educating people about "sexual harassment"
is no longer taboo. Seeing other victims come forward and share their stories has been
encouraging and reassuring. It aids in the detection of cases that have gone unreported. Men
have also begun to be more conscious of how they act around female coworkers and friends.
Since the beginning of the Movement, private companies have expended in this field and led a
specific budget to train the employees and organized various training programme for their
employees. They are also establishing and updating stricter SHW policies in the workplace.
Men have realized that their behavior around females was toxic, and that they needed to change
as a result of such training programmers and workshops.

The Indian government has established a platform for female employees to file complaints and
Ministry of Women and Child Development of India has launched SHe-Box, which stands for
"Sexual Harassment Electronic Box," an online complaint platform. SHe-Box was created to
provide a platform for female employees and visitors to report sexual harassment in the
workplace. Employees in the private sector have also been given access to this service. SHe-
box can be accessed at www.shebox.nic.in, aims to ensure the proper implementation of Sexual
Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

It is common knowledge that women's oppression and violence are not new phenomena.
Despite the passage of centuries, women in our society have been subjected to a variety of
atrocities. With the advancement of society and the opening of doors for women in the
workplace, it was thought that the principle of gender equality would soon become a reality.
Both men and women will rise through the ranks of society and make a name for them.
Women's stereotypes and prejudices were thought to be coming to an end soon. The atrocities
and violence were also thought to be coming to an end. Regrettably, this was not the case.
Despite society's constant progress, crimes against women continue to occur. With the rise of
the service sector, it was hoped that a friendly atmosphere would prevail in which both men
and women could work. However, as reports of sexual harassment of women at work surfaced,
the darker truth emerged. This has had a significant impact on their health, confidence, and
morale. Women are made so vulnerable by incidents like these that they do not feel compelled
to complain because of the disgust and shame they will face if they do, and instead silently
tolerate the mistreatment of their male coworkers.

CONCLUSION

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Sexual harassment at work is very common in India, and a positive working environment for
women is extremely important. To tackle this question, the government should enact separate
legislation. It should also be recognized that women workers make up a significant portion of
the working population in India, and it is the government's responsibility to ensure their safety
at work. Employers and managers need to develop new strategies to protect the company from
this evil. Women should be treated equally by the government and employers, and there should
be no gender discrimination in the workplace. Effective policy implementation can
significantly reduce the incidence and amputation of sexual harassment. By observing the
tactics of other organizations, organizations can change the way they deal with sexual
harassment. This reduces or eliminates the hiccups caused by this vicious act. Governments
should be aware that while legislation dealing with sexual harassment provides irreplaceable
help in the struggle of women, separate legislation may not achieve gender equality. Finally,
every women should not accept the exploitation as a part of their life, because now is the time
to speak out against all forms of injustice perpetrated against them. It is deeply ingrained in
Indian culture. It must be eradicated because it behaves in a disease-like manner. The
government must ensure that both women and men have access to a safe environment. A person
spends about a third of their day at work, and they need to know that their employer will provide
them with an environment free of sexual harassment. Various jurisprudence scholars have
stated in their theories that judges, while interpreting statutes, offer a variety of other
interpretations. These are acceptable as long as they benefit society and the people as a whole.
As a result, there is no doubt that sovereignty must be maintained in a society where power is
divided. The judiciary, on the other hand, has the power to intervene, make rules, and issue
orders in order to protect the essence of the Constitution and uphold the rule of law.

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REFERENCES

1. (1997) 6 SCC 241.

2. J. l. Kalyar, “Sexual Harassment against Women in India: An Overview”, 2 IMRJ

15 (2015).

3. Sheba Tejani, “Sexual Harassment at the Workplace: Emerging Problems and

Debates” Available at http://www.jstor.org/stable/4415633.

4. Ministry of women and child development, “Handbook on Sexual Harassment of

women at workplace (prevention, prohibition and redressal) Act 2013.

5. Indira Jaising, “Sexual Harassment at Workplace”, Universal Law Pubishers Co.,

New Delhi Second Edition 2015

6. Dona John, Omair Ahmad & Maria Schneider, India: Violence Against women,
Current Challenges and Future Trends. Available at
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7. Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act, 2013, No. 14, Acts of Parliament, 2013).

8. The constitution of India 1950

9. Sexual Harassment of Women in India Paperback – 30 June 2020

10. Professional's Constitution of India Bare Act, Constitution of India amended by

One Hundred and Fourth Amendment Act, 2019 with Declaration under Article
370(3) with Appendix and Subject Index - Indian Polity - September 2020.

11. The Constitution of India 1950

12. Ibid

13. The Indian Penal Code, 1860 (Act 45 of 1860)

14. The Criminal Law (Amendment) Act, 2013 (Act 13 of 2013)

15. The Criminal Law (Amendment) Act, 2013 (Act 13 of 2013)

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16. Equal Remuneration Act, 1976 (Act 25 of 1976)

17. The Industrial Disputes Act, 1947 (Act 14 of 1947)

18. The Industrial Employment (Standing Orders) Act, 1946 (Act 20 of 1946)

19. The Indecent Representation of Women (Prohibition) Act, 1986 (Act 60 of 1986)

20. The Factories Act, 1948 (Act 63 of 1948)

21. Maternity Benefit Act, 1961 (Act 53 of 1961

22. The Information Technology (Amendment) Act, 2008( Act 10 of 2009)

23. The National Commission for Women Act, 1990 (act 20 of 1990)

24. Convention on the Elimination of All Forms of Discrimination against Women

Adopted and opened for signature, ratification and accession by General Assembly
resolution 34/180 of 18 December 1979

25. Sexual Harassment of Women at Workplace (Prohibition, Prevention and

Redressal) Act, 2013.

26. Kalpana Sharma, Sexual Harassment of Women at workplace in India: an

Ubiquitous Hazard IOSR JOURNALS, http://www.iosrjournals.org/iosr-
jhss/papers/Vol.%2022%20Issue9/Version-9/D2209093646.pdf.
27. Vishaka v. State of Rajasthan [1997] 6 SCC 241
28. Justice Verma & Mehra Committee Report on Amendments to Criminal Law, 2013.
29. Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redresal) Act, 2013.

30. 2017 SCC Online Del 11327

31. Civil Writ Petition No. 22260 of 2010 decided on February o4,2011 Punjab and
Haryana

32. 2000, 2 SCC465

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33. writ petition (criminal) nos. 173-177 of 1999

34. Mrs. Rupan Deol Bajaj & Anr vs Kanwar Pal Singh Gill & Anr on 12 October,
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35. Ibidd

36. D.K Srivastava (2010) “Progress of Sexual Harassment Law in India, China and
Hong Kong: Prognosis for Further Reform”, 51 HILJ 172

37. Larabee, A. (2018). Editorial: Celebrity, Politics, and the “Me, Too” Moment. The
Journal of Popular Culture, 51(1), 7–9. https://doi.org/10.1111/jpcu.12650

38. Stefanie K. Johnson et al, Has Sexual Harassment at Work Decreased Since
#MeToo?, HARVARD BUSINESS REVIEW 2019, https://hbr.org/2019/07/has-
sexual-harassment-at-work-decreased-since-metoo.

39. International Conference on Ethics and Integrity in Management and Legal

Practices, K. R. Mangalam University, Haryana, India, 2019

40. G.S. Venumadhava, M. Tejashwini, “Sexual Harassment of Women at workplace”,

International journal of advanced research, 2015.

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