Laws Against Sexual Harassment At Workplace
By Team Legistify / 2017-08-09
The Sexual Harassment of Women at Workplace Act retains the essence of the earlier Vishakha Guidelines postulated by the apex court in Vishaka Case. A comprehensive lowdown on what are the various laws and resources available against sexual harassment at workplace.

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Getting a job is tough if you are a woman in India. For many, though, finding one is only the beginning of the nightmare. Like in other parts of the world, sexual harassment at work is a serious concern in the country. India did not have any complete law to protect women against sexual harassment at workplace until 2013 when the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Prevention of Workplace Sexual Harassment Act”) was enacted by the Parliament which came into force in December 2013.

Vishakha Case

The Vishakha judgment, an offshoot of a rape case involving a social worker in Rajasthan, brought to the attention of the Supreme Court of India that there was an urgent need to formulate effective measures to check the evil of sexual harassment of working women at all workplaces. Zia Mody in her book, Ten Judgements that Changed India, considers the judgment as one of the landmark judgments of the supreme court. The apex court noted that every instance of sexual harassment is a violation of 'fundamental rights' under article 14, 15, and 21 of the Indian Constitution . In the judgment, the apex court formulated guidelines regarding sexual harassment at workplace. These Guidelines, the court stipulated, are to be implemented until legislation is passed to deal with the issue.

Vishaka Guidelines

Defining Sexual Harassment - sexual harassment includes such unwelcome sexually determined behavior (whether directly or by implication) as:

The Sexual Harassment of Women at Workplace Act retains the essence of the earlier Vishakha Guidelines postulated by the apex court in Vishaka Case. A comprehensive lowdown on what are the various laws and resources available against sexual harassment at workplace.

Have a Legal Issue?

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


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