Legal Protection of Women against Sexual Harassment at Workplace in India

The changing Global scenario has necessitated the women to acquire economic independence. The increase in total number of women work force has led to many problems such as gender discrimination, physical and mental harassment and more specifically the sexual harassment at workplace. It was in 1997 in Vishaka v. State of Rajasthan and others, that for the first time sexual harassment had been explicitly-legally defined and guidelines were issued to combat sexual harassment at workplace. In 2013 special legislation was enacted, which provides protection not only to women who are employed but also to any woman who enters the workplace as a client, customer, apprentice, and daily wageworker or in ad-hoc capacity. Under this Act, every employer has duty to provide a safe working environment for at workplace; constitute an Internal Complaint Committee and conspicuously display the order constituting committee; organize workshops and other training programmes at regular intervals for sensitizing employees; provide assistance during any enquiry; Initiate action against the perpetrator. This Act provides for complaint mechanism and redressal. Implementation of the Law will be the responsibility of the Central Government in case of its own undertakings/establishments and of the State Governments in respect of every workplace established, owned, controlled or wholly or substantially financed by it as well as of private sector establishments falling within their territory. This law also has some shortcomings.