Categories: ColumnsLawSections

How sexual harassment of working women be prevented?

Working women are the most respected one because they not only handle household chores but also manage their work. They are independent & inspiration for others who aren’t able to fulfill their dreams. But they themselves suffer a lot at the workplace and every then & now. The country witnessed many sexual harassment at workplace cases. One of them is mentioned below which helped women at workplace & guidelines were laid down to prevent sexual harassment at workplace.

 

Vishakha v. State of Rajasthan, AIR 1997 SC 3011

 

In this case, the Supreme Court gave guidelines for protection of women from sexual harassment at workplace because there wasn’t any legislative provisions to protect them. However, an act is enacted for the same i.e Sexual Harassment of women at workplace ( Prevention, Prohibition & Redressal) Act, 2013.

Coming back to the case, a PIL was filed by a social worker under Article 14, 19 & 21 of Constitution of India for protection of working women at the workplace as the concept of Gender equality also includes right to work with dignity just like right to life with personal liberty & dignity.

 

Guidelines by the court in aforementioned case

 

  • All the employers or the person in charge of the workplace are required to take preventive actions to prevent sexual harassment at workplace.
  • He should make sure that express harassment such as physical contact, sexual coloured remarks, unwelcome physical, verbal or non verbal conduct which are sexual in nature or any demand for sexual favours, showing pornographic contents or anything of such nature should be prohibited.
  • Offenders should be punished with the penalties and rules should be circulated among everyone to minimise such instances.
  • There must be a healthy environment at the workplace & reasonable working conditions whereby she can work effectively and efficiently just like her male counterparts.
  • Victims of sexual harassment must be given option to avail transfer from the office or rhe transfer of the offender from the same working place.

 

Randhir Singh v. Union of India, AIR 1982 SC 879

 

In this case, the Supreme Court held that everyone should be paid equally based upon their work. In another word the principle of equal pay for equal work was formulated.

Aditi Harshraj

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