Akshay Kumar S B, School of Law, SASTRA University
ABSTRACT
By nature women are multi-faceted, that is they have the capacity to manage both domestic and professional spheres. However, circumstances have proved that a woman cannot be safe in both those spheres which take up most of her life; thus the law has a duty to protect her. In the case of the domestic sphere, the offences against women in the household inflicted by the family members or the relatives, are taken care of by legislations like the Domestic Violence Act and further penal provisions provided in the criminal laws of the land. In the case of the professional sphere, there was no provision or law to protect a woman in her work environment. This vacuum in law was recognised in the landmark judgement provided by the Apex Court in the case - Vishaka v. State of Rajasthan. The Supreme Judicial Authority has recognised the lacuna in law regarding the protection of women in the work place and thus granted the Vishaka Guidelines. The guidelines served as the foundation for making the POSH Act of 2013. This article delves into the circumstances which led to the mandated the need for laws regarding protection of women from sexual harassment at workplaces. An analysis of the Vishakha Guidelines and the POSH Act has been made in this article. Thus, the law has once again ensured that Article 15(3) of the Constitution is upheld and protection is provided for women in the professional places.
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