Sexual Harassment of Woman at Workplace
Sexual harassment at work place is result in violation of the fundamental right of a women as well as man, under the Article of 14A and 15 of the Indian constitution and the Right to life and dignity under the Article 21 of the Indian constitution also the right of against sexual harassment and the right to work with dignity are universally recognized human rights by international convention such as a Elimination of all Forms of Discrimination against women, which has been ratified on the 25th June 1993 by the government of India. These types of Act will ensure that the Women are protected against sexual harassment at the workplace, this will contribute to realization of right to gender equality in various working condition at India and other world also. This sense of workplace will defiantly improve women’s participation in work, resulting in their economic empowerment, social empowerment and inclusive growth.
In India the Act for sexual Harassment of woman at workplace was essentially derived from the Vishakha guidelines were certain procedure to b followed in case of workplace sexual abuse. These guideline were formed after the landmark case Vishakha and others v. state of Rajasthan, this case was lead to the Supreme Court India because of the sheer inability of the High court of Rajasthan to provide justice to the Bhanwari Devi who was a part of Women’s development program of the Rajasthan Government. She was brutally gang raped for stopping the child marriage being conducted in the town. This was a part of her duties as a member of the development program to stop an illegal activity conducted against the children and woman, but moreover the act is more define of a sexual harassment laid down by the Supreme Court in Vishakha and other v. state of Rajasthan.
Article 19 of Indian constitution affirms the right of all citizens to be employed in any profession of their choosing or to practice their own trade or business. This case Vishakha and other v. state of Rajasthan established that action resulting in the violation of legal rights like gender equality and life and liberty are in fact a violation of the victims fundamental right under 19 (1) g. This case established that sexual harassment at workplace with women is not just a matter of his personal injury but it is a matter of concern to the society. This case ruled guideline under article 32 of Indian constitution.
This act was defining sexual harassment at the work place and creates a mechanism for redresses of complaints. It also provides safeguards against false or malicious charge. An employer defines as any person who is responsible for management supervision and control of the workplace and includes persons who formulate and administer police of an organization. Every organization must file an Annual Report to the district officer every calendar year as prescribed in the rule of the sexual harassment of women at work place prevention prohibition and redresses rule 2003