Evolution, Design And Persistent Implementation Gaps In The Legal Framework On Sexual Harassment At The Workplace In India
- IJLLR Journal
- 11 hours ago
- 2 min read
Kritarthi P. Muni, Symbiosis Law School, Pune
ABSTRACT
By India, the evolution of the legal protection of workers against sexual harassment at the workplace has moved from a court based concept to the formal legislation. It started with Vishakha and Others vs. State of Rajasthan, which is a Supreme Court in 1997 that provided temporary solutions until the law was introduced. There has been the introduction by India of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, this was a significant step in protecting women in the workplace but not all is smooth sailing with the legislation there are still many issues with its implementation of the legislation. This essay will talk about the evolution of the legal system, structure of the legislation and the issues that surround the legislation.
Introduction
Sexual harassment in the workplace is a prevalent problem, mainly in the workplaces but also in organizations, across India. Until 1997 there was no such enactment against harassment of women in the workplace as no such act existed in India and the women had to face this problem. In the absence of an act the courts had to come to the aid of the women by framing temporary guidelines. Looking at the situation after 16 years the first legislation in the form of the POSH Act came into existence in 2013. There still exist certain problems in the implementation of the legislation which make it less effective.
This paper would aptly highlight the changes in the legal system from concepts of courts to legislation. It would be evident that there's no denying that the legislation came into effect as a great milestone but due to the large problems with implementation it is less effective.
