An Analysis Of The Sexual Harassment Of Women At Workplace (Prevention, Prohibition, And Redressal)

Uday Anand, Symbiosis Law School Pune

ABSTRACT

The The Sexual Harassment of Women at Workplace (Prevention, Prohibition, And Redressal) Act, 2013 was enacted by the parliament keeping in mind the directions of the Supreme Court given in the case of Vishaka and Ors. v. State of Rajasthan and the Vishaka Guidelines. The act was a much-needed legislation and provides for a redressal mechanism for working women to file complaints when they have been subject to sexual harassment at their workplace by providing for the setting up of special bodies referred to as the Internal Complaints Committee (ICC) and the Local Complaints Committee (LCC) to handle such complaints. The act has provided for broad definitions regarding the terms “sexual harassment”, “employee” and “workplace” which has extended the applicability of the present act. The liberal jurisprudence with respect to this current act as laid down by the courts of record in India alongside the codification of offences at the workplace has had a profound positive effect on the safety of women at the workplace. However, there are certain lacunae present which prevent the act from providing justice in certain cases (such as the exclusion of men from the act even though there are rising cases of men being subject to sexual harassment). The current long article aims to provide a reasonably exhaustive analysis of the legislation and the lacunae present in the legislation so that the reader may become aware of the provisions of this act.