Sexual Harassment Of Women At Workplace: A Study Of Indian Legislation And Judicial Approach
Medha Raj, Amity Law School, Patna, Amity University
ABSTRACT
Workplace sexual harassment is a flagrant affront to the freedom, equality, human dignity, and rights of women that are enshrined in the Indian Constitution. It poses a threat to women's mental and physical health as well as their capacity to fully engage in the workforce and the economy. Patriarchal societal dynamics, institutional silence, and a lack of a comprehensive legislative framework meant that workplace harassment in India was under-discussed in legal debate for a long time. The issue gained constitutional importance following the Supreme Court's recognition of sexual harassment as a violation of Articles 14, 15, 19, and 21 in the landmark judgment Vishaka v. State of Rajasthan. The court also established legally binding guidelines for workplace protection in the absence of legislation. In order to establish a legal framework for the prevention and treatment of workplace harassment, Parliament passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. This study takes a look at how the laws in India have changed over the years to protect women from sexual harassment on the job and how the constitutional courts have handled cases involving this issue. Understanding the legal framework governing workplace harassment in India requires an examination of constitutional principles, international commitments, legislative changes, and significant court decisions. This study does just that. Issues like as underreporting, institutional bias, ineffective Internal Complaints Committees, digital harassment, and implementation deficiencies are highlighted, and the efficacy of the POSH Act, 2013 is assessed in further detail. Although India has established a progressive legal framework, the article contends that effective enforcement and institutional accountability continue to be significant obstacles through doctrinal examination of constitutional provisions, statutes, court precedents, and academic literature. At the end of the study, the authors suggest changes that female workers in both the formal and informal sectors might do to improve workplace safety, gender awareness, and their ability to obtain justice.
Keywords: Workplace Sexual Harassment, POSH Act, 2013, Gender Equality, Constitutional Rights, Women's Dignity.
