Sexual Harassment at Workplace
By Advocate Atit Jain / 2016-10-27
A survey by the Indian National Bar Association (INBA), conducted earlier this year, found that of the 6,047 participants (both male and female), 38% said they’d faced sexual harassment at the workplace. Of these, 69% did not complain about it.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Sexual harassment includes such unwelcome sexually determined behaviour (whether directly or by implication) as physical contact and advances a demand or request for sexual favours sexually coloured remarks; any other unwelcome physical verbal or non-verbal conduct of sexual nature.

Where any of these acts are committed in circumstances where the victim has a reasonable apprehension that in relation to the victim’s employment or work whether she is drawing a salary, or honorarium or voluntary, whether in government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. The woman can file a complaint regarding sexual harassment in a workplace with the labour court that has appropriate jurisdiction with help of an employment lawyer in India .

Vishaka Initiative

In 1997, a women’s rights group called Vishaka took up the cause and filed a PIL in the Supreme Court. This case brought to the attention of the Supreme Court of India, "the absence of domestic law occupying the field, to formulate effective measures to check the evil of sexual harassment of working women at all workplaces". The Supreme Court passed a landmark judgment, in this case, laying down guidelines to be followed by establishments in dealing with complaints about sexual harassment.

The Court decided that the consideration of "International Conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in Articles 14, 15 19(1)(g) and 21 of the Constitution and the safeguards against sexual harassment implicit therein".

A survey by the Indian National Bar Association (INBA), conducted earlier this year, found that of the 6,047 participants (both male and female), 38% said they’d faced sexual harassment at the workplace. Of these, 69% did not complain about it.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


Related Posts

Read Our Blogs on Similar Topics