Protection From Sexual Harassment Of Women At Workplace | Women Rights | The National TV
- by Aditi-Harshraj
- Apr 29, 2020 11:56
Our Constitution ensures equality, justice, liberty to every citizen. It states that it is the duty of the state and citizens to follow the equality principle & no discrimination should be done on the ground of Religion, Race, Caste, Sex & place of birth which are the basic tenets of any democratic country. But on the darker side, women are lacking behind & if they manage to work with their male counterparts then they are being humiliated & sexually harassed at the workplace.
Steps taken by Judiciary and Legislation to minimize the case of Sexual Harassment of women at the workplace through Judgement & Act & they are as follow -
Vishaka v. State of Rajasthan (1997): In this case, it was held that sexual harassment of women at workplace is a violation of Article 14, 15, 19(1)(g) and 21 of Constitution of India. Guidelines were laid down by the court for employees to follow and avoid sexual harassment until legislation doesn't pass any act regarding sexual harassment at the workplace. Sexual Harassment of Women at Workplace place (Prevention, Prohibition & Redressal) Act, 2013: This act ensures safe working space, enabling work environment, right to equality of status and opportunities. The act consists of 30 sections. Sexual harassment Sec 2(n) defined sexual harassment as any unwelcome acts or behavior namely physical contact and advances a demand or request for sexual favors or making sexually colored remarks or showing pornography.
Prevention & other circumstances to be recognized at sexual Harassment Sec 3 states that no women shall be sexually harassed at workplace & other circumstances were recognized as sexual harassment such as threatening her about present or future employment status, creating an offensive or hostile work environment for her, humiliating her which may affect her health or safety. Internal Complaint Committee Sec 4 states that every office or administrative unit must have an Internal Complaints Committee and certain guidelines were given for nominating employees for International Complaint Committee. A complaint of Sexual Harassment Sec 9 states that women who suffered due to sexual harassment may write to Internal Complaints Committee or Local Committee within three months from the date of incidence. If the aggrieved women are not able to make a complaint then her legal heir may make a complaint on her behalf. Sections of this Act deals with Inquiry turns into complaints ( S. 11), Action during the pendency of inquiry (S. 12), Inquiry report (S. 13), Prohibition of publication, or making known contents of complaints & Inquiry (S. 16).
If any woman made false or malicious complaints & false evidence then she will be punished for such act under Sec 14 Under Sec 16 of this act, determines the compensation paid to aggrieved women. While Sec 17 deals with duties if every employer to minimize the sexual harassment & to maintain a healthy environment to work. Convention on the Elimination of all forms of discrimination against Women( CEADAW): This is the International treaty adopted in 1979 by UN General, accepted & signed by India and other 187 states. It deals with non-discrimination, sex stereotypes, women's rights in the public sphere, socio and economic rights of women, protection for rural women, women's right to equality in marriage, family life & right to equality before the law. Still, there is an escalation in the cases of sexual harassment of women at the workplace. Court, administrative system, tribunals are trying to minimize the case though women in such departments are also facing such problems.
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