SEXUAL HARASSMENT AT WORK ………..A MAJOR CONCERN

Abstract

Sexual harassment of women is the in the workplace is a pervasive and persistent problem in India. For curbing this the supreme court gave the guidelines, such guidelines are known as Vishakha guidelines. This guideline is made after the landmark judgment Visakha and ors v. State of Rajasthan. The court also added the relevant provision of the International Convention and norms on Eliminations Of All Forms Of Discrimination Against Women

CEDAW). On December 9, 2013 the Parliament passed the Amendment Bill, Which is now known as Protection of women against social harassment Act.?

After this many changes come in this act as per the needs of the society and the nature of the cases.

Table of contents:

• Formation of PoSH Act.
• How PoSH define sexual harassment, workplace and employee.
• How it works.
• Inquiry into complaint.
• Actions taken by internal or local complaint committees.
• Landmark cases.
• Conclusion.

Sexual harassment of women at workplace (Prevention Prohibition and Redressal) Act (PoSH Act) Is to be enacted forgive protection to a woman for sexual harassment at workplace full stop as sexual harassment at workplace is whispered. Women all around the countries facing a huge instance of sexual harassment. Many conventions and laws are to be made for curbing such types of offence. The international convention, Convention on the elimination of all forms of discrimination against women( CEDAW) is to be adopted by the United Nation general assembly in 1979 and effected on September 3rd 1981 total 189 states are rectified it the main objective of this convention is to eliminate discrimination of women and girls in any field and also to protect equal rights among them.?

Formation of PoSH Act in Indian law:

In 1992 a victim “Bhanwari Devi” is? a dalit woman Who was social worker under the women's development project under Rajasthan government was ganged raped? by five men after she tried to prevent the marriage of one year old girl. This incident shocked the entire country. An NGOs filed a case related to such crime, but because of lack of evidence, they were? acquitted by the local Court. After this Bhanwari Devi and others filed a writ petition under Article 32 of Indian constitution? in the supreme court. While hearing the pleas, the supreme court nothing to absence of any law enacted to provide for effective enforcement of the basic human rights of the gender equality guarantee against sexual harassment at workplace laid down? a set of guidelines in 1997 . These guidelines are to be called Vishakha guidelines. The court strictly considered all the workplace to observe such guidelines.? As the court drew its strength from several provisions of the Indian Constitution Including Article 15 Article 16 etc. and also mentions the provisions of international convention on the elimination of all forms of discrimination against women. As India also rectified this convention in 1993.?

?After this, the women and child development Minister? Krishna Tirath was introduced a bill for protection? of women against sexual harassment? in 2007. Such is to be passed by Parliament and rectified for amendment.? the bill was come into force on 9 December 2013 as the sexual harassment of women at workplace( prevention provision and? redressal)? Act? 2013.or PoSH Act.?

How the PoSH act define sexual harassment or workplace or employee:

As? the PoSH Act define sexual harassment under section 2(n).? According to this Sexual Harassment include unwelcome acts such as physical contact sexual advance a demand or request for sexual favours Making sexually coloured marks showing porngraphy and any other physical verbal or non-verbal conduct.

Under section 2(o)? of the act, the workplace basically introduced all kinds of organisation across the public or private sector.

The act clearly states that? all the women employees come under this act and act to give protection to them.

How it works:

As per this act there are two ways for the recording of complaints: the first is by Internal committee and other by the local committee. In case of internal committee the law required more than 10 employers which is headed by woman and approach for any women employee to file a formal sexual harassment complaint. The second way is a local committee where act mandates all the districts of a state to create a local complaint committee to receive complaints to the women? working in firms where there are less than 10 employees and form the internal sector including domestic works,? home based works, voluntary government social worker works. all these bodies work on the basis of the principle of natural justice. the act especially mention that the agreed women can file written complaint is a to the internal or local committee within 3 or 6 months of the sexual harassment incident. Also there are two ways for resolving the issues. First is by conciliation? between the complainant? and the respondent or other is to be initiated and inquiry by taking appropriate action. If the charges of sexual harassment is true , internal complaint committee advise the employer follow the guidelines of the companies service rule and their proper action the act also be considered as no information about the woman respondent witness enquiry or course of action should be made public. The act also justifies punishment for first complaint and evidence. The other direction is to be given in order to publish the retail of their respective committees in their website and compare and file affidavits in the apex court.

Inquiry into Complaint:

As section 10 of the PoSH Act the committee as the case may or shall where the respondent is an employee proceeding to make enquiry into the complaint. If such is to be considered as a Prima facie then it will forward the complaint to the police within a period of 7 days for registering the case under section 509 of the Indian Penal Code and other relevant provisions of the code. It must be not able as the internal committee shall have some power as vested in civil court.

Actions taken by Internal or Local Complaint Committee:

After the application given by aggrieved with woman the internal complaint committee or local complaint committee recommended to the employer as:-

• Transfer the aggrieved woman or respondent to any other workplace.
• Grant leave to the aggrieved? woman up to the period of three? months.
• Grant other relief for the benefit of the complainant.?

Landmark Cases:

There are many Landmark cases related to the PoSH Act where the code gives different judgment according to the matter concerned. some of the following cases are:-

• Medha Kotwal lele and ors. V. Union of India(2018) S.C.

The petition was foil to buy group of women's rights activists including Medha Kotwal lele, challenging the constitutionality of the PoSH Act where petitioners argued that PoSH Act was insufficient to protect women from sexual harassment at workplace and also fail to provide adequate remedies to the victim. The act also did not adequately address the need for protection against online harassment.

The Supreme Court Reject the petitioner’s argument and hold that the PoSH Act was Constitutional and it also provided the sufficient protection to the women against sexual harassment at workplace. The act fulfils all the provisions under the convention On the elimination of all forms of discrimination against women.

This case remains an important precedent in the fight against sexual harassment and other forms of gender-based violence in India.

• Tukaram v. State of Maharashtra (1979) S.C.?

This case is also known as the Mathura case which was decided by the Supreme Court in 1979.

Incident occurred in 19722 where a young woman Mathura was allegedly raped by two police officers at police station. Mathura’s family file the complaint against the police officers who committed rape and other offence. Trial court acquitted the police officer in the case of Mathura giving their consent. The High Court Also be upheld the judgment of the trial court, but Supreme Court held the Mathura not be gave her consent for sexual harassment according to evidence.?

The Mathura case is significant because it established the principle that a woman's consent to sexual intercourse is must be obtained through clear and voluntary communication. The case remains an important precedent in the fight against sexual violence and other forms of gender based voilence in India.?

• State of Maharashtra v. Madhukar Narayan Mandikar (1991) S.C.?

The two bench judges K.J.Shetty and A.Ahmadi decided this case where a complaint by a woman named Manorama who alleged that she had been raped by Madhukar Narayan Mandikar a police inspector while in police custody. Mardikar was charged with raped and other offence. The trial court convicted them and sentenced him to life imprisonment. The High Court upheld the sentence . Mardukar move to Supreme Court and court also uphold the conviction and sentence because the evidence clearly shows that Madhukar was raped? while she was in police custody.??

The Madhukar case is significant because it established the principle that the police have a duty to protect the rights of individuals in their custody and that they are liable for violation of those rights.

Conclusion:

As the above point it be come that the legislation make a powerful act for the protection? of women against Sexual Harassment at workplace. The Supreme court gave strong and effective? Vshakha guidelines and also added the provisions of the convention of Elimination of all forms of discrimination against women. After enforcing this act the judgment of the vishaka case is still relevant in todays matter and it taken as crucial tools in the fight against sexual harassment at work .?

Overall , the Sexual Harassment at workplace Act 2013 object is to promote gender equility and ensure a safe and healthy work environment for every employee in India.