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Protection against Sexual Harassment of Women at Workplace

Pragya Lalwani

The empowerment of women and improvement of their social, health and economic growth is extremely important for a booming economy. It is reaching its peak due to various policies and programmes being organised spreading awareness, though surrounded by certain hindrances. One of them is sexual harassment of women at workplace that affects the ability of a woman to work and grow in a competing world. The learned author pens down the key provisions of the Act enacted for protection of women against sexual harassment at workplace, redressal of complaints and matters connected therewith.

1. Introduction

In present era, women are the significant part of country's work force. So, it is the duty of every employer to provide them a safe and healthy environment. Though in various places there resides the gender discrimination or sexual harassment of a woman that led to violation of a woman's fundamental rights i.e., right to equality, right to life, right to liberty and right to practice any profession or carry on any occupation or trade including right to safe environment granted under Constitution of India. Further, the right to live and work with dignity and protection against sexual harassment are universally recognized human rights by international conventions such as Convention on Elimination of All Forms of Discrimination against Women. However, many of them are unaware of their rights. To eliminate such infringement of rights and to give effect to the convention, the Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has been enacted.

2. Sexual Harassment-- Meaning of

Sexual harassment at workplace was first time recognized as a human right violation by Supreme Court in Vishaka Judgment. Thereafter the legislation was enacted. Section 2(n) of the Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal) Act, 2013 defines the term 'Sexual Harassment'. Accordingly, Sexual harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely :--

(i) Physical contact and advances; or

(ii) a demand or request for sexual favours; or

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