The Sexual Harassment of Women at Workplace Prevention, Prohibition and Redressal Act, is a legislative act in India that seeks to protect women from sexual harassment at their place of work.
It was reported by the International Labour Organization that very few Indian employers were compliant to this statute. An Act to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith or incidental thereto.
WHEREAS sexual harassment results in violation of the fundamental rights of a woman to "Sexual harassment at workplace act rules" under articles 14 and 15 of the Constitution of India and her right to life and to live with dignity under article 21 of the Constitution and right to practice any profession or to carry on any occupation, trade or business which includes a right to a safe environment free from sexual harassment; AND WHEREAS the protection against sexual harassment and the right to work with dignity are universally recognised human rights by international conventions and instruments such as Convention on the Elimination of all Forms of Discrimination Sexual harassment at workplace act rules Women, which has been ratified on the 25th June, by the Government of India; AND WHEREAS it is expedient to make provisions for giving effect to the said Convention for protection of women against sexual harassment at workplace.
The Act will ensure that women are protected against sexual harassment at all the work places, be it in public or private.
This will contribute to realisation of their right to gender equality, life and liberty and equality in working conditions everywhere. The sense of security at the workplace will improve women's participation in work, resulting in their economic empowerment and inclusive growth. The Act uses a definition of sexual harassment which was laid down by the Supreme Court of India in Vishaka v.
State of Rajasthan The case ruling establishes that sexual harassment violates a woman's rights in the workplace and is thus not just a matter of personal injury. The Supreme Court had made it mandatory that these had to be followed by all originations until a legislative framework on the subject has been drawn-up and enacted. Medha Kotwal of Aalochana an NGO highlighted a number of individual cases of sexual harassment stating that the Vishaka Guidelines were not being effectively implemented.
Converting the letter into a writ petition, the Supreme Court took cognizance and undertook monitoring of implementation of the Vishaka Guidelines across the country. The Supreme Court asserted that in case of a non-compliance or non-adherence of the Vishaka Guidelines, it would be open to the aggrieved persons to approach the respective High Courts.
The legislative progress of the Act has been a lengthy one. The Bill was first introduced by women and child development minister Krishna Tirath in and approved by the Union Cabinet in January The committee's report was published on 30 November Through the Criminal Law Amendment Act,Section was added to the Indian Penal Code that stipulates what consists of a sexual harassment offence and what the penalties shall be for a man committing such an offence.
Additionally, with sexual harassment being a crime, employers are obligated to report offences. Sexual harassment at workplace act rules