Sexual Harassment At Workplace

<p>The Supreme Court of India in the landmark judgment of Vishaka and Ors. v. State of Rajasthan and Ors. (AIR1997SC3011) acknowledged the seriousness of sexual harassment of women at the workplaces and laid down legally binding guidelines making it mandatory for employers to prevent the commission of acts of sexual harassment. Later the Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013 was enacted to provide protection against sexual harassment and for prevention and redressal of such complaints. </p><p>Sexual harassment means any unwelcome act like physical contact and advances a demand or request for sexual favours making sexually coloured remarks showing pornography and any other unwelcome physical verbal or non-verbal conduct of sexual nature. The Act further prohibits implied or explicit promise of preferential or detrimental treatment in her employment or threat about her present or future employment status. Every employer has to constitute an Internal Complaints Committee (ICC) to hear the complaints made by any aggrieved woman.</p><p>This commentary discusses in detail all aspects of the Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013 along with numerous judgments of Indian as well Foreign Courts including the highest courts and Tribunals for an in-depth understanding of the provisions of the Act. </p>