Welcoming in the New regime of Protection of Women from Sexual Harassment at Work Place with Skepticism

Abstract

Though a Separate Law on Protection of Women against Sexual Harassment at Workplace is going to be enforced soon but its impact is skeptical. The article provides the obstacles in the implementation of laws to prevent sexual harassment of women at workplace as well as attempt to discuss solution to remove these hurdles.

As per the past experience most of the cases of sexual harassment are not-reported due to family pressure; police attitude; social stigma; prolonged court trial; faulty law implementation; various corrupt practices. And even if reported then in most of the cases the aggrieved party is victimized by the accused. The problem seems more of a social than legal. The Lack of political will and failure of organs of democracy and delay to execute protection laws have led to non-resolution of this issue. Complete enforcement of protection laws coupled with specialized machineries, agencies as well as radical change in attitude of society will address the solution.

The article provides about the objective & scope of the law of sexual harassment: Definition of Sexual Harassment; Reasons of Non-Reporting Cases; Some Famous Cases of Sexual Harassment; Threats/Effects of Sexual Harassment; Relevant Laws of Sexual Harassment; Guidelines laid down by Supreme Court under Vishakha v. State of Rajasthan, AIR 1997 (7)SC 323; Data on Sexual Harassment; The Protection of Women Against Sexual Harassment at Work Place (Prevention, Prohibition and Redressal) Bill, 2010 passed by Lok Sabha on Sept, 3 2012 and by Rajya Sabha on 26th Feb, 2013. Suggestions to Curb Sexual Harassment.

Keywords: Sexual harassment, workplace, employee, employer, accused, victim, redressal