Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Act 2013 – ‘Not So Futuristic’
Ms Ankita Kumar Gupta, Ph.D. Research Scholar, Mewar University, Chittorgarh, Rajasthan & Dr Kanwal Sapra, Academician and a practicing Lawyer at Supreme Court and High Court of Delhi
It was almost after two decades from when the evil of sexual harassment at workplace knocked the doors of Indian Society for the 1st time in 1992 that the Indian Legislature enacted a Law for prevention and protection from Sexual Harassment at Workplace. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 was thought to be a positive step toward the prohibiting, preventing and protecting against the sexual harassment which might happen in workplaces but to its misfortune it is succumbing due to its limitation. The Act 2013 aimed to cover up the limitations of the Vishaka guidelines. But it is not so futuristic and is faulty on many grounds. The need of the hour is to have a law which deals with the present situation as well as is futuristic to deal with all the aspects. The Act 2013 has completely ignored sexual harassment faced by males at workplace. Also in today’s virtual era, with increasing technological complexities, cyberspace sexual harassment is the ongoing trend. But the Act 2013 lacks to cover the same. It seems that the law makers while drafting the Act 2013 closed their eyes and ears towards any though socially conflicting but existing realities.