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The IUP Journal of Law Review :
Prevention of Sexual Harassment at Workplace: An Analysis of Recent Legislative Initiatives in India
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Sexual harassment is any sexually-oriented practice that endangers an individual’s continued employment, negatively affects his or her work performance, or undermines his or her sense of personal dignity. Sexual harassment includes such unwelcome sexually-determined behavior (whether directly or by implication) as physical contact and advances, a demand or request for sexual favors, sexually-colored remarks, showing pornography, and any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Where any of these acts are committed in circumstances under which the victim of such conduct has a reasonable apprehension that in relation to the victim’s employment or work (whether she is drawing salary, honorarium or voluntary service, whether in government, public or private enterprise), such conduct can be humiliating and may constitute a health and safety problem, it amounts to sexual harassment at the workplace. An act of sexual harassment is a violation of the right to privacy of a woman, and therefore of the right to personal liberty and life under Article 21 of the Constitution of India. This paper analyzes the recent legislative initiatives in India in preventing sexual harassment at workplace.

 
 
 

In India, a majority of working women are victims of sexual harassment. Sexual harassment at workplace causes feelings of low self-esteem in the victims. There is a need for effective law to prevent sexual harassment of women at workplace as the present civil and penal laws in the country do not adequately provide for specific judicial interpretation. Sexual harassment violates women’s freedom, dignity and sexual autonomy. Cases of sexual harassment are increasing rapidly, especially in Asian countries which encompass half of the world’s population. The gender-based violations are not limited to a particular nation; therefore, serious interventions from international conventions have been necessitated. The Indian Parliament recently passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act.

 
 
 

Law Review Journal, Sexual Harassment, Rights of Women, International Conventions, Judicial Response, Indian Legislatures, Curtail the Problem, Women, Workplace, Legislative Initiatives, India .