Protection of Sexual Harassment Under Indian Law "It is unlawful to harass a person because of that person's sex."-US EEOC

Authors

  • Dr. Shipra gupta Maharishi Markandeshwar University,
  • Vaishali Saini Maharishi Markandeshwar University,
  • Alice Masih Maharishi Markandeshwar University, Mullana.

Keywords:

Sexual Harassment, Prevention, Case Law, provisions, workplace

Abstract

Sexual harassment is unwelcome sexual behavior, which could be expected to make a person feel
offended. It can be physical, verbal or written. Sexual harassment has focused almost exclusively
on harassment by co-workers and supervisors at workplace. Sexual harassment covered at the
workplace when it happens: at work related to events, between people sharing the same work
place, between colleagues outside of work. Sexual harassment is against the law. Some types of
sexual harassment may also be offense under criminal law and should be reported to the police,
including stalking, sexual assault and obscene or threatening communications, such as phone
calls, letters, emails, text messages and postings on social networking sites. Volunteers and unpaid
have the same rights and responsibilities in relation to Sexual harassment as paid staff. The main
purpose is to explain the provision provided for Sexual harassment. According to Indian
Constitution, Sexual harassment infringe the fundamental rights of a women to gender equality
under article 14 and her right to life and live with dignity under article 21. In 1997, the Supreme
Court of India in Public Interest Litigation, defined sexual harassment at workplace, preventive
measures and redress mechanism. There is a Landmark Judgment which is popularly known as
Vishakha Judgment. There are many other Judgments related to sexual harassment which will be
elaborated in this paper. The Aim is to explain Punishments given under Indian law which will be
explained further. In April 2013, in India enacted its own law on sexual harassment at workplace-
The Sexual harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
The Criminal Law (Amendment) Act, 2013 introduced changes to the Indian Penal Code, making
sexual harassment an expressed offense Section 354A, which is punishable upto three years or
imprisonment and or with fine

Additional Files

Published

2016-10-03

How to Cite

Dr. Shipra gupta, Vaishali Saini, & Alice Masih. (2016). Protection of Sexual Harassment Under Indian Law "It is unlawful to harass a person because of that person’s sex."-US EEOC. BRICS JOURNAL OF EDUCATIONAL RESEARCH, 6(4), 243-245. Retrieved from https://www.bricsjer.com/index.php/brics/article/view/204