Sexual Harassment At The Workplace In India: Constitutional Evolution And Human Rights Perspective
- IJLLR Journal
- 8 minutes ago
- 2 min read
Dr. Lalit Kumar Roy, Assistant Professor, Department of Law, University of Gour Banga, Malda
Mr. Gobindo Gopal Barman, Assistant Professor, Kolkata Police Law Institute, University of Calcutta, Kolkata
ABSTRACT
One of the greatest obstacles to women taking part in professional life equally is sexual harassment at work. In India, although the Constitution guaranteed equality and dignity, for a long time, harassment was not legally recognized and was treated with disdain in a large part of society. This paper will explore the development of legal responses to sexual harassment concerning constitutional and human rights approaches and the judiciary. Indian women and their rights history provide women with a broader perspective of gender inequality in relation to the issue of sexual harassment in workplaces. It looks at the role played by the courts particularly in the Vishaka case, adopted a different course of action by considering sexual harassment as a constitutional right and the employers' taking some action even before the legislation. The international agreements on human rights, such as the Convention on the Elimination of All Forms of Discrimination against Women, used by the Supreme Court, marked the shift to the rights- based approach.
The article additionally examines the legal developments following the case of Vishaka, including the Sexual Harassment of Women at Workplace Act, 2013, and criminal law amendments in India. It claims that despite the fact that the law has become better, there is an issue of enforcement as well as institutional resistance which limits the actual equality. The paper concludes that the courts, improved administration and culture changes are required to ensure that workplace protection becomes a reality.
Keywords: Sexual Harassment, Gender Equality, Constitutional Law, Judicial Activism, Human Rights.
