Open Access Research Article
CRITICAL ANALYSIS OF SEXUAL HARASSMENT OF WOMEN
Published Paper
Article Details
"CRITICAL ANALYSIS OF SEXUAL
HARASSMENT OF WOMEN"
AUTHORED BY
- PRATYASHA CHOWDHURY, SAARTHAK MISHRA,
SHLOK VYAS,
TANISHA SONI & SAI KOUSHIK GOUD GORIGE
B.B.A.–L.L.B.,
Division–D
|
INTRODUCTION
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Sexual harassment at the workplace is a violation of woman’s rights to
equality, right to dignity and right to a working environment free of sexual
harassment under the Constitution of India. Equal rights are protected by “Article
14[1]”
and 15[2]
and right to life and dignity is protected by Article 21[3].
Also, Article 19 (1) (g)[4]
states that women has the right to carry out any profession, business and
vocations of his/her choice without the annoyance of being harassed.
The Act which was presented as a bill in the Lok Sabha on the 3rd Sep
2012 provides legal framework for workplace harassment. The IPC also elaborates
on legal recourses as detailed under Section 354A[5]
which when sexual harassment is regarded as physical contact without a person’s
consent, or request for sexual favors, or following a man, implying to offer
work to, in her service, engaging in a sexually coloured remark, or showing
pornographic material to her.
This paper seeks to evaluate the efficiency of the legal system of India
especially the IPC and the case laws as well as policies formulated in the
workplaces. It incorporates, among others, the cultural issue of; patriarchy
and structures of workplace hierarchies that give rise to harassment..
Additionally, the study explores challenges in implementing these laws, such as
underreporting and legal loopholes, and evaluates the role of complaint
mechanisms like the Internal Complaints Committee (ICC).
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RESEARCH OBJECTIVES
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The next research objectives are in line with the legal framework
provided by the “Criminal Law (Amendment) Act, 2013”[6]
whereby mechanisms for handling sexual atrocities against women and
strengthening the existing legal system and related support for survivors were
realized.
•
To analyse the provisions of IPC,
particularly Section 354[7]
and the “Sexual
Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act,
2013”[8] in dealing with sexual harassment at
workplace.
•
To explore the legal implication of
decided cases in India and the previous judgements like “Vishaka v. State of
Rajasthan (1997)” [9]for
work place sexual harassment.
•
To examine the role of culture
especially males’ dominance over females and other relations that lead to the
culture of sexual harassment.
•
To measure social perceptions of
matters such as victim blaming, stigma and its effects on the reporting of
sexual harassment by women.
•
To provide suggestions for refining
the legal and policy developments that should enhance the position of women and
guarantee their fair treatment at the workplaces.
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RESEARCH METHODOLOGY
|
This research employs both doctrinal and secondary research techniques
in order to perform a beginning critique of sexual harassment of women at
workplace. The doctrinal approach involves the critical analysis of the
existing laws, statutes and judicial pronouncement especially the “Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013”[10].
The second type of research involves a study of the literature, laws, and cases
which would help to understand the dynamic nature of the subject.
Semi-conceptual legal research is used to provide an understanding of important
judgments and legal ordinances, and important judgment of the topic.
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RESEARCH QUESTIONS
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The research aims to answer the
following questions:
- The
historical growth and advancement of sexual harassment laws in India.
2. Analysing the effectiveness and
limitations of current sexual harassment laws through case law interpretations.
3. Identifying key
loopholes in existing legal frameworks and discussing the challenges women
face in obtaining protection under these laws.
4. Preventive measures and the extent of
law enforcement in addressing sexual harassment effectively.
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LITERATURE
REVIEW
|
AUTHOR: “Rebecca L. Howard Valdivia”
The given research also shed light on the way shielding measures in the
institutions of the higher learning are much centred to possibly victims and
return to such genital myths that are dangerous to survivors, shifting chances
to individuals and expectant them to dodge rape. This is a rather limited view
that fails to take into account social factors and require more extensive means
of prevention concerning potential offenders.
Article: “Unheard And Uncounted”[12]
Author: “Aaron Karp”
Analysis of violence against women in India shows that there are many
flaws in reporting and responding to legal intervention that permit violence
against women in India. In 2013, besides, only 33 707 rapes were actually documented
and reported while experts suppose that millions of sexual assaults occur and
remain unnoticed each year. Several laws such as the Dowry Prohibition Act and
Protection of Women from “Domestic Violence Act” was enacted to address gender
violence, however the vice continues based on cultural beliefs, attitudes and
practices that uphold rape culture. When it comes to the institution’s failure
and social prejudices, lower-caste and tribal women feel the brunt to approach
legal protection as insufficient.
Author: “Rakesh
Kumar”
Drawing from the Indian scenario on the existing law on sexual
harassment of women especially touching on section 354 of the “Indian penal
code”, it is an established fact that it constitutes a serious social vice.
Nonetheless, there are laws in place such as Section 354 which deals with use
of criminal force with an intention to outrage the modesty of a woman; however
there are still cases of under reporting and lack of proper legal machinery to
deal with such cases. More than 24,000 cases of sexual harassment were waiting
trial in the Indian courts in 2013 and therefore there is the need to make
judicial procedures quicker and legal mechanisms more effective. Thus, this
assessment offers the basis for exploring the system influences supporting
sexual harassment in India a step farther.
Article: “Indian laws on workplace harassment”[14]
Author: “K.
Padma & Vruddhula Dakshyani & Dr. K. Sitamanikyam”
The literature also points out to the phenomenon of sexual harassment
against the women especially in the work place. This situation occurs even with
such provisions as the “Sexual Harassment of Women at Workplace Act, 2013"
“the Criminal Law Amendment Act”. Various organizations still have no knowledge
on how extensive harassment is and challenges arise for the Internal Complaints
Committees especially because they are not well trained and many cases lack
strong proof. While #MeToo served as a wake-up call, more in terms of
infrastructure and support are thus required to protect women at workplaces.
“The
POSH Act (Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act, 2013" “sexual harassment at workplace in India”. There
have been provisions made through the court decisions that elucidated some of
the essential aspects: defining the sexual harassment, establishing
geographical and jurisdictional parameters of workplace, the nature and
composition of Internal Committees (IC) and employers’ liabilities. Judges have
supported the necessitation of the IC to alterhive time restraints, award
pendencia, and compel attendance. Furthermore, the processes of inquiry should
be bias, neutral and should prompt natural justice. Employers are encouraged to
assure that employers follow the best practices for compliance to support
women’s rights because noncompliance results in legal as well as reputational
consequences.
CHAPTER-2
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2. 1 The evolution
and development of laws related to sexual harassment in India.
|
Sexual harassment is explicitly
defined under Section 354A of the Indian Penal Code (IPC).
Constitutional Safeguards Against
Sexual Harassment
”Sexual harassment violates several
fundamental rights enshrined in the Indian Constitution”:
- “Article 19(1)(g)”[16] guarantees every woman the
right to practice any profession or carry out any occupation, trade, or
business. Sexual harassment hampers this right by creating an unsafe and
unequal environment.
- Article 21[17], which protects the right to
life and personal liberty, is also violated as sexual harassment deprives
women of their dignity and sense of personal safety.
- Gender equality and equal opportunities, as enshrined in
the Constitution, are undermined by sexual harassment, violating the
fundamental rights of women and infringing upon their human rights.
Amendments in the Indian Penal Code
(Post-Nirbhaya Case)
Following the Nirbhaya case in
2012, the Criminal Law (Amendment) Act, 2013 introduced several new
provisions in the IPC to strengthen the laws against sexual harassment and
related offenses. The key sections added were:
- Section 354A[18] – Sexual harassment, as
mentioned above.
- Section 354B[19] – Assault or criminal force
used to disrobe a woman.
- Section 354C[20] – Voyeurism, which includes
watching or taking pictures of a woman without her consent.
- Section 354D[21] – Stalking, including physical
following or using electronic means to monitor a woman without her
consent.
“Protection of Women from Sexual Harassment at Workplace Act 2010[22]
or the popular PoSH Act.”
The PoSH Act, 2013 was a historic legislation which has been formulated
with an objective to address the menace of sexual harassment at the workplace.
This Act established its basis from the Vishaka Guidelines which were formed by
the supreme court in the case of Vishaka v. State of Rajasthan (1997)[23]
after the gruesome gang rape of Bhanwari Devi. These guidelines were later
codified into law by the implementation of the PoSH Act.
“Provisions of the PoSH Act”
•
Definition of Sexual Harassment: The
Act has established very clear definition of sexual harassment and has also
granted such complaints a strong procedure for addressing them.
•
Internal Complaints Committee (ICC):
The employer is to create an ICC in every workplace if he or she has ten or
more employees in the workplace in question. What the ICC has is the power of a
civil court and can order a settlement in case this is requested by the
complainant.
•
District Officer & Local
Complaints Committee (LCC): The Act has also put into making, the formulation
of an LCC for women of the unorganized sectors with aim to protect them from
any form of sexual harassment.
•
Penalties: Measures has been taken
that for the non-implementation of the Act the employers may suffer penalties
which will help in the implementation of the Act.
Amendments introduced in the PoSH Act
The subsequent judicial pronouncements such as in Apparel Export
Promotion Council v. A. K. Chopra (1999)[24],
re-affirmed the Vishaka guidelines in upholding the conviction of a superior
who ‘’tried to molest’’ a female employee. This case also made a stand on the
fact that sexual harassment does not only involve touching but also any
prohibited indecent act of relations.
Continuation
of implementation of the Vishaka judgment was also seen in the Medha Kotwal
Lele v. Union of India (2013)[25],
that led to the passing of the PoSH Act, 2013.
Amendments to the PoSH Act (2020)
In 2020, the PoSH Act was
amended to strengthen the existing framework:
- The definition of an “aggrieved woman” was expanded to
include transgender persons.
- New provisions addressed online sexual harassment
and cyberbullying, recognizing the evolving nature of workspaces
and digital communication.
- Penalties for non-compliance were increased, including
stricter fines and imprisonment for employers.
- Training of ICC members was mandated, ensuring they are
equipped to handle grievances effectively.
Code of Criminal Procedure (CrPC)
Amendments in the CrPC also
strengthened the procedural aspects of dealing with sexual harassment:
- Section 154[26]
& Section 161[27]: Ensure that only female police
officers can record statements or conduct investigations in cases
involving sexual harassment.
- Section 164[28]: Allows for the recording of a
disabled victim’s statement at their residence or a place of convenience.
- Section 273[29]: Prevents victims of sexual
offenses from facing the accused during cross-examination.
- Section 357C[30]: Mandates hospitals to provide
immediate treatment to victims without charge and report the incident to
the police.
Indian Evidence Act
The Indian Evidence Act was also
amended to shield victims from intrusive questioning regarding their past
sexual history:
- Section 53A[31]: Disallows the consideration of
a victim’s previous sexual experiences as evidence in determining
character.
- Section 114A[32]: Presumes “lack of consent in
cases of rape” where the victim states that consent was not given, placing
the burden of proof on the accused.
Protection of Children from Sexual
Offences (POCSO) Act
The POCSO Act
provides stringent penalties for sexual offenses against children.
Section 7[33]: This section prohibits sexual activity with a child, including penetrative sexual assault and sexual assault by contact.
Section 7[33]: This section prohibits sexual activity with a child, including penetrative sexual assault and sexual assault by contact.
2.2 The Vishaka Judgment
(1997): A Landmark in Legal Development
The Vishaka vs. State of
Rajasthan and Ors (1997)[38]
was based on the subject of a gang rape on Bhanwari Devi, a social activist in
the Rajasthan and was punished for the
crime of trying to veto a child marriage. Vishaka joined hand with other women
organisations for filing PIL to safeguard rights of women in workplace under
articles 14,19 & 21 of constitution of India. These articles protect such
rights as right to equal protection of the law, “freedom of speech and freedom
of one’s choice of occupation together with protection of life and detention of
personal liberty.”
However, the Supreme Court Judgment
for the first time offered legal strategies for Existing legislative gap and
for the Work place sexual harassment. Afterwards, the court articulated the
Vishaka Guidelines and gave the government and all the private organizations
legally valid instructions until when the law could be enacted. These
guidelines placed emphasis on the employer’s responsibility to protect the
working women, and required the working out of the right preventive and
remedial measures in cases of sexual harassment.
Some of the significant directives
included:
•
Employers
must ensure that no risk to employee’s lives is possible at place of work or
business premises.
•
New
requirement for all establishments to form Internal Complaints Committees
(ICCs) wherein at least fifty per cent of the member(s) shall be women.
•
Recruitment
of third party agents including nongovernmental organizations to complement the
efforts.
•
Another
capability entails the ability of reporting the Criminal and Disciplinary
actions against the offenders.
•
Creating
awareness among the employees, and ensuring that they appreciate their legal positions
especially as it pertains to sexual harassment matters.
The guidelines were crucial in
establishing the first formal recognition of sexual harassment as an
infringement of women's fundamental rights, demanding legal redress.
Vishaka Guidelines, 1997
The Vishaka Guidelines emphasized
three key areas: measures for prevention, prohibition and remedy for sexual
harassment of the working women. The former functioned as the stop gap law and
continued to exist until the formal law was enacted through “the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013”. [39]
•
Article
14 (Right to Equality)[40] –
The guidelines helped preserve Women rights in the Workplace by making sure
every organization had to treat all employees including women equally without
discrimination, and must implement this policy while following anti
discrimination policies.
•
Article
19[41]
(Freedom of Expression and Occupation) – It was a statement in line with this
saying that women should be free to work and voice themselves without the
menace of harassment.
•
“Article
21[42]
(Right to Life and Personal Liberty)” – The guidelines understood the fact that
sexual harassment affects the personal liberty and dignity of women thus
highlighting the importance of measures that have to be put in place to protect
women.
The Vishaka Judgment was not merely a
case of providing a short term solution; it paved way for a cohesive legal
regime of sexual harassment at the workplace. What was highlighted was the duty
of public and private organizations to fight this menace by implementing the
Industrial Employment (Standing Orders) Act, 1946[43].
Employers were also mandated to
ensure that a case of sexual harassment was addressed to the right level and
anyone guilty be punished according to the employer’s internal policies or the “provisions
of the Indian Penal code”. Measures to protect fairness were also spelled out
clearly to involve complaint anonymity, and the Complaints Committee’s
obligation to report complaints to the government.
Post-Vishaka Developments
The Vishaka Judgment led to several
significant legal precedents and reforms:
•
Apparel Export Promotion Council v. A. K. Chopra & Ors[44]: This was a Supreme Court case which
categorized sexual harassment as a violation to the gender equality. It
re-affirmed the earlier postured as to where any erg or attempt by a superior
to molest was considered as sexual harassment. The case also enriched the
concept of work place sexual harassment for IT meant that secondary or even
indirect or harmful gestures were also covered under the definition on sexual
harassment.
•
Medha Kotwal Lele & Ors v. Union
of India & Ors [45]–
For making Vishaka Guidelines that has provision for allowing sexual harassment
at workplace, become law in all the states and for the governments was ordered
to file affidavits in compliance. It also enhanced the roles of High Courts in
event of any violation of the guidelines and expanded more on the areas of the
complaints mechanism.
Changes After Vishaka case
The Supreme Court has also attempted
to adopt certain measures which have given relatively more bureaucratic
openness to the Vishaka Guidelines. One of such reforms was The Central
Civil Services (Classification, Control and Appeal) Rules 1965[46]
whereby the reports from the Complaints Committees would be treated as the
reports of investigation. It also assisted in strengthening the findings of the
committees by providing the legal backing to the complaint cases of sexual
harassment; this helped to enhance the gravity that used to focus on the
complains.
Moreover, the Vishaka Judgment
improved the Factor of Educational and Awareness program in a higher level.
Since sexual harassment had to be a continuous one and hence; Organizations
were prompted to make awareness available by developing handbooks and trainings
against workplace harassment.
The Vishaka Judgment is known in
India as a ground breaking decision especially as it attempts to address
working women entitlements. This was the first case that considered sexual
harassment at work place holistically and substantively without a enabling law.
The guidelines are still learning and meaning fully accepted have had a
long-term implication resulting to the enactment of the” Sexual Harassment of
Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013[47]
which is more expansive than the Vishaka guidelines.”
Indeed the Vishaka Judgment laid the
ground work by way of preventive measures, redressal mechanisms, provisions for
gender equality, it therefore still remain a beacon of judicial activism in the
fight against workplace harassment. It placed the issues of women’s rights in
the workplace and averted equality, dignity, and respect into the range of
Indian labour laws.
CHAPTER-3
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Analysis Of Laws
Related To Sexual Harassment With Reference To Case Laws
|
This case stated that a women’s past
sexual behaviour or reputation should not affect her right to seek protection
against sexual harrasment. A police inspector tried to rape Banubi, a woman of
ill-repute. “The original verdict of the Bombay High Court” was on the side of
the inspector where the victim was deemed as an uncredible witness.
Nevertheless, the Supreme Court reversed this decision with words that at no
point is a woman’s right to privacy and protection from assault negotiable
based on her moral standing. This judgment helped to erode the ‘character
defense,’ which the accused perpetrators used to avoid conviction in the sexual
assault cases.
2. Rupan Deol Bajaj v. K.P.S. Gill
(1995)[49]
In this case, the claimant make the
allegations that K. P. S. Gill a senior police officer sexually harassed her in
the social event by touches her inappropriately. The case pointed out the fact
that sexual harassment does not only take place in the workplace but in any
setting. The Supreme Court observed that Gill’s behaviour came within the
definition of criminal misconduct as defined in sections 354 & 509, IPC and
the honourable Supreme Court re-affirmed that sexual harassment is not
restricted only to the workplace but includes any act of misconduct
that debase women.
3. Jaya Kodate v. Rashtrasant Tukdoji
Maharaj Nagpur University [50]
This case very much expanded the
meaning or interpretation of the term “place of work” in accordance with the
POSH Act. ‘Workplace’ means any place that the employee is assigned duties to
be accomplished and therefore extending the protection from sexual harassment
of women irrespective of whether the sexual harassment occurs in the physical
premises of the employer. This resulted to an expanded protection for women in
non-traditional or decentralized work environments.
4. Girdhar Gopal v State of Madhya
Pradesh[51]
The case concern with constitutional
petition against section 354 of IPC that prohibits outraging the modesty of
women. According to the petitioner, this was discriminatory to women since it
did not apply to men as well. But the “Madhya Pradesh High Court” upheld it
pointing out that the law was passed to shield the women from certain harms and
therefore does not infringe “articles 14 and 15 of the Constitution.” This case
brought into lime light the importance of special laws to protect women since
they are vulnerable to the horizon of sexual assaults.
5. Chaitu Lal v. State of Uttarakhand
2019[52]
This case was related to molestation
of a woman and the Supreme Court has held that intent and culpability are
conditions for conviction under section 354. The Court decided to squash the
appeal made by the accused and stated that there was enough evidence to prove
that the accused had committed the offense of outrage of the woman’s modesty.
The case best depicted how the law sort any act with criminal force or
intention to attack the modesty of a woman and this highlighted the judicial
approach towards women against unlawful physical overtures.
In this case, the Kerala high court
supported the conviction under the section 354 of the IPC act and underlined
the fact that having knowledge that the act would lead to outrage the modesty
of a woman is enough to convict the accused. The judgment stated that the
elements of criminal force and intent are the major criteria that needs to be
considered while proving the guilt under section 354.
7. Tarkeshwar Sahu Vs State of Bihar
2006.[54]
This case involved an attempted rape
charge whereby the Supreme Court brought down the charge to that of outraging
the modesty of a woman under sections 366 and 354. The Court argued that though
the accused had the intention of raping her he had not gone to the extent of
having sexual intercourse with the complainant. The ruling clarified the
provisions of Section 354 to such an extent that any acts that otherwise intend
to violating the modesty of a woman whether
by touching or in other manners are severe offences even if there is no
penetration involved
CHAPTER 4
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Critical Issues and Loopholes in the Legal Framework for Addressing
Sexual Harassment of Women in India
|
1. Defining "Workplace":
•
Film
Industry as a Workplace: In the recent judgement of “Women in Cinema Collective
vs State of Kerala (2022)”[55]
the film production units were held as workplaces and thus the formation of
Internal Complaints Committees ( ICCs) in the film industry was made
compulsory. This ruling is important in view of the recent discovery of the
MeToo movement where cases of harassment in the entertainment industry are
rife. Still, due the broad nature of the legal definitions other such or
unconventional, informal types of working scenarios are still not sufficiently
covered.
2. Challenges in Reporting and
Redressal Mechanisms:
•
Social
Stigma and Fear of Retaliation: Bearing in mind that reporting cases of sexual
harassment in workplace often results to shunning of the victims or acts of
reprisal. Social stigma prolongs this problem by discouraging those affected by
the law to come and report hence diminishing the effectiveness of the law. Most
citizens are concerned with losing their jobs or being demoted or having their
reputations tarnished, thus self-censoring when reporting.
•
Power
Dynamics: Systems of power reinforcement in the workplaces also make it
difficult for the employees to speak against harassment especially if the
perpetrator is in a higher authority. This has remained as a great fear that
the victims do not report their cases because they are confident that the
redressal process will favor the perpetrators.
3. Lack of Awareness and Knowledge of
Legal Rights:Lack of Awareness and Knowledge of Legal Rights:
•
Limited
Awareness: The victims also may fail to take necessary action or take it at the
wrong time and or pursue the right procedure of reporting the case. Besides,
because of language or literacy difficulties the marginalized groups are likely
to encounter more significant obstacles in seeking legal redress.
4. Inefficiencies and Delays in
Complaint Handling: Redressal mechanisms under the PoSH Act have the following
procedural problems which are as follows:
•
Delays
in Redressal: Another area that most organizations do not have is complaint
management and this has ensured that victims of crime are not attended to as
required. The extension of the said processes, shortage of skilled workers, and
lack of sufficient auxiliary means result in continuation of the complainant’s
suffering and slowness of the system.
•
Ambiguities
Regarding "Workplace": Because of flexibility that comes with the
work stations the PoSH Act definition as a traditional work place becomes
limited as work places move to virtual and other informal forms. There are many
cases when a harassment takes place, but not at the workplace of the victim but
for example during work meetings or work-related parties which are not clear
cut within the letter of the law.
5. Gender-Specific Protection:
The most common complaints that have
been received concerning the PoSH Act have been on the line of the gender
neutral stance that has been adopted.
6. Challenges in Addressing Anonymous
Complaints:
•
Procedural
Issues: As per the PoSH Act the complaints are to be filed in written format
providing movable details of the complainant for the legal troubles. This is
especially evident with cases with anonymous complaints which rose during MeToo
movement and which complicate the investigative process and make natural
justice almost inconceivable.
|
RECOMMENDATIONS
& SUGGESTIONS
|
Comprehensive Legislation is
critical. Laws being currently used such as POSH Act, IPC, and IT act are a
patch-work and thus lacks in providing full protection. Therefore, there is
need to enact a single law that addresses all the sexual harassment offenses.
This law has to be clear and comprehensible and apply to both, the organized
and the unorganized sectors in a way to protect all women equally.
It will be noted that women in the
unorganized sectors as mentioned earlier are most vulnerable to harassment as
they are not protected by the law. This means that there is need to extend the
provisions of the POSH Act to protect these vulnerable women. It is for this
reason that a specialized framework to address the problems they are facing has
to be adopted, with a view of enhancing their safety.
A lot of women do not know their
rights and there are many organizations that do not have correct channels for
reporting. Massive awareness creating campaigns should be held for both male
and female population regarding harassment, legal aspects of the harassment
case, and how to file a complaint. The government should also open counseling
agencies, and cases should be provided to the victims cost-free.
Organizations should ensure that
prevention becomes their top most priority. It is recommended that policies
should be kept under constant scrutiny and the message concerning the company’s
zero-tolerance policy concerning harassment should be relayed by
directional-level managers. It will help with the anticipation of implementing
the policies and course of actions steadfast that are sexually harassing
employees and workers.
|
CONCLUSION
|
The critical evaluation of sexual harassment laws in India shows that it
has noticed improvement, but there are still some issues. With the progressive
change in legal statutes – from the Vishaka Guidelines to the “Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
2013”[56]
also known as the “PoSH Act” – has built satisfactory legal remedies to tackle
sexual harassment with more focus and legislative measures especially in
workplace.
Nonetheless, depending on the legal progress that has taken place, there
are still problems in the readiness to enforce these provisions and the
perception of women in society. The culture of masculinism in various
organizations, structuralism in workplaces and the prevalence of power
relations between men and women gives room for harassment to prevail.
Stigmatisation and sanctions associated with the practice, fear of the
perpetrator and bureaucratic procedures of the complaint system reduces the
efficiency of these laws as harassment and discrimination are under-reported.
Furthermore, the PoSH Act, which is designed for women only, leaves men behind;
equally, the lack of clarity regarding workplace harassment in organization’s
growth, particularly with reference to newly emerging situations such as work
from home leave men behind.
Therefore, there is the need to appreciate the legal reforms needed in
order to tackle these issues. It is equally important to extend coverage to
those workers who are not organized especially women in sectors not covered by
social security schemes as well as men. Besides, legal awareness of rights,
improvement in the complaints lodging, and proper timely remedies are also part
of that battle
In the end, it is concluded that lack of proper laws, changes in the
Indian culture and often ineffective institutions are the main issues which
hold the key to absence of powerful legislation against sexual harassment and
lack of gender equality in workplaces across India.
[1] INDIA CONST . art. 14.
[2] INDIA CONST . art. 15.
[3] INDIA CONST . art. 21.
[4] INDIA CONST . art. 19, § 1, cl.
g.
[5] “The Indian Penal Code”, 1860, §
354,cl. A, No. 45, Acts of Parliament, 1860 (India).
[6] “The Criminal Law (Amendment)
Act”, 2013, No.13, Acts of Parliament, 2013 (India).
[7] “The Indian Penal Code, 1860”, §
354 , No. 45, Acts of Parliament, 1860 (India).
[8] “The Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act”, 2013, No.14, Acts of
Parliament, 2013 (India).
[9] Vishaka & Ors vs State Of
Rajasthan & Ors, AIR 1997 SC 3011.
[10] Supra note 8.
[11] Rebecca L. Howard Valdivia, Sexual
harassment of women at workplace: issue and challenges. (Sep. 14,
2024, 11:32 PM) https://www.epw.in/journal/1991/34/commentary/sexual-harassment-sex-discrimination.html.
[12] Aaron Karp, Unheard And
Uncounted: Violence against Women in India , Issue Brief, (2015).
[13] Rakesh Kumar, Sexual
harassment: Section 354 of The Indian Penal Code, GJRA, (2014).
[14] K. Padma, Vruddhula Dakshayani, Dr. K. Sitamanikyam, SEXUAL HARASSMENT OF
WOMEN AT WORKPLACE: ISSUES AND CHALLENGE, IJRAR, 391-397, (2023).
[15] Archita Mohapatra and Preetha
Soman alongside with Vikram Shroff, The casual acceptance of sexual
harassment at the workplace must end.
[17] Supra note 3.
[18] Supra note 5.
[21] The Indian Penal Code, 1860, §
354,cl. B, No. 45, Acts of Parliament, 1860 (India).
[22] Supra note 8.
[23] “Vishaka & Ors vs State Of
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[24] “Apparel Export Promotion
Council vs A.K. Chopra, AIR 1999 SC 625”.
[25] Medha Kotwal Lele v. Union of
India, (2013) 1 SCC 311.
[26] “The Code of Criminal Procedure,
1974, § 161, No. 2, Acts of Parliament”, 1974 (India).
[27]“The Code of Criminal Procedure,
1974, § 154, No. 2, Acts of Parliament”, 1974 (India).
[28] “The Code of Criminal Procedure,
1974, § 164, No. 2, Acts of Parliament”, 1974 (India).
[29] “The Code of Criminal Procedure,
1974, § 273, No. 2, Acts of Parliament”, 1974 (India).
[30] “The Code of Criminal Procedure,
1974, § 357, No. 2, Acts of Parliament”, 1974 (India).
[32] Indian Evidence Act, 1872, §
114, No. 1, Acts of Parliament, 1872 (India).
[33] “Protection of Children from
Sexual Offences Act, 2012, § 7, No. 32, Acts of Parliament, 2012 (India)”.
[34] “Protection of Children from
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[35] “Protection of Children from
Sexual Offences Act, 2012, § 9, No. 32, Acts of Parliament, 2012 (India)”.
[36] “Protection of Children from
Sexual Offences Act, 2012, § 10, No. 32, Acts of Parliament, 2012 (India)”.
[37] “Protection of Children from
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[38] Vishaka & Ors vs State Of
Rajasthan & Ors, AIR 1997 SC 3011.
[39] “The Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act”, 2013, No.14, Acts of
Parliament, 2013 (India).
[40] INDIA CONST. art. 14.
[41] INDIA CONST. art. 19.
[42] INDIA CONST. art. 21.
[43] Industrial Employment (Standing
Orders) Act, 1946, No. 20, Acts of Parliament, 1946 (India).
[44] Apparel Export Promotion Council
vs A.K. Chopra, AIR 1999 SC 625.
[45] “Medha Kotwal Lele v. Union of
India, (2013) 1 SCC 311”.
[46] “Central Civil Services
(Classification, Control and Appeal) Rules, 1965”.
[47] The Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 2013, No.14, Acts of
Parliament, 2013 (India).
[48] State Of Maharashtra And Another
vs Madhukar Narayan Mardikar, AIR 1991 SC 207.
[49] Mrs. Rupan Deol Bajaj & Anr
vs Kanwar Pal Singh Gill & Anr, AIR 1996 SC 309.
[50] Jaya Kodate v. Rashtrasant
Tukdoji Maharaj Nagpur University, 2014 SCC OnLine Bom 814.
[51] Girdhar Gopal v. State, 1952 SCC
OnLine MP 202.
[53] Vidyadharan v. State of Kerala,
2004 SCC (Cri) 260 12.
[54] Tarkeshwar Sahu v. State of
Bihar, (2006) 8 SCC 560.
[55] Women In Cinema Collective vs
State Of Kerala, 2022 LiveLaw (Ker) 128.
[56] The Sexual Harassment of Women
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Parliament, 2013 (India).
Article Information
CRITICAL ANALYSIS OF SEXUAL HARASSMENT OF WOMEN
Authors: PRATYASHA CHOWDHURY, SAARTHAK MISHRA, SHLOK VYAS, TANISHA SONI, SAI KOUSHIK GOUD GORIGE
- Journal IJLRA
- ISSN 2582-6433
- Published 2025/02/03
- Issue 7
About Journal
International Journal for Legal Research and Analysis
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- ISSN 2582-6433
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