ABSRTACT

Sexual harassment is a complex issue involving women, their perceptions and behaviour, and the social
norms of the society. Sexual harassment, in general terms is defined as an “unwelcome behavior of sexual
nature”. Sexual harassment at workplace is a universal problem as atrocities and cruelties against women
is common everywhere. We cannot understand the issue of sexual harassment at work place unless we pay
attention to prevalent socio-cultural issues, of gender and sexuality, and how it impacts upon the status of
women. It is seen to be happening more with women gender as they have been considered to be the inferior
sex throughout the course of history. Since Sexual Harassment in the workplace was first recognized as a
form of sex discrimination, an increasing number of countries in the world have enacted legislative
provisions on sexual harassment. Whether provided for or regulated by laws, including anti sexual
harassment, equality and non-discrimination, labour, criminal or tort, sexual harassment is considered as
crime and prohibited. Therefore, we can say that sexual harassment is a serious problem in the workplace
and it has become one of those issues that receive a lot of negative attention and has an effect on both men
andwomen.

INTRODUCING THE CONCEPT OF SEXUAL HARASSMENT

“Respect for human dignity implies commitment to creating conditions under which
individuals can develop a sense of self-worth and security.”

-Aung San Suu Kyi1

Dignity is the quality of being honorable, noble, excellent or worthy. An imperative

implication of dignity is that every human being should be regarded as an equally
valuable member of the community.

Human dignity is a sense of self-worth. Therefore, dignity is a sense of pride in oneself

that a human being has with them. This conscious sense makes them feel that they
deserve respect and honor from other human beings. Every person deserves dignity not
because of their accomplishment or achievements but by the fact they are all human
beings.

Harassment is a form of discrimination which can be said to be one of the primary threats
to a person’s dignity. It includes any unwanted physical or verbal behavior that offends or
humiliates a person. Sexual harassment can be said to be the most persistent and

1 Aung San Suu kyi, “Human Development and Human Dignity”, http://hdr.undp.org/en/content/human-
development-and-human-dignity, last visited on 27th October 2018

1
humiliating form of harassment. In simple words, sexual harassment at workplace is an
act or a pattern of behavior that compromises physical, emotional or financial safety and
security of a woman worker.

As per Section 3 of The Sexual Harassment of Women at Workplace (Prevention,

Prohibition and Redressal) Act, 2013, the following circumstances, in relation to or
connected with any act or behavior may amount to sexual harassment:

 Implied or explicit promise of preferential treatment in her employment: or

 Implied or explicit threat of detrimental treatment in her employment; or
 Implied or explicit threat about her present or future employment status: or
 Interference with her work or creating an intimidating or offensive or hostile work
environment for her; or
 Humiliating treatment likely to affect her health or safety.

There are several types of acts that constitute sexual harassment; few of those acts
include various forms unwelcome sexually determined behavior such as:

 Physical contact and advances;

 A demand or request for sexual favors;
 Sexually coloured remarks
 Showing pornography;
 Any other unwelcome physical verbal or non-verbal conduct of sexual nature.

Sexual harassment is also understood to have taken place if a victim has reasonable
apprehension of facing humiliation, and health and safety problem at the place of her
work.
If the employer or the co-workers by any action or words or gesture create a hostile
environment for a woman worker, it amounts to sexual harassment.
Physical contact between the aggressor and the victim is not essential for the occurrence
of sexual harassment.

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INTERNATIONAL LAWS AND POLICIES FOR ADDRESSING
SEXUAL HARASSMENT AT THE WORKPLACE

1. UNIVERSAL DECLARATION OF HUMAN RIGHTS

The Universal Declaration of Human Rights 2 is the first and the most fundamental
declaration of human rights. It was adopted by the United Nations General Assembly in
1948 in Paris.

The declaration applies to all people without exceptions, which means that no individual
may be discriminated against or hindered from enjoying his or her human rights. The
Articles of the Declaration that acts as a safeguard against any sort of harassment,
including sexual harassment at workplace are as follows:

 Article 1: All human beings are born free and equal in dignity and rights.
 Article 3: Everyone has the right to life, liberty and security of person.
 Article 5: No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
 Article 12: No one shall be subjected to arbitrary interference with his privacy,
family, home or correspondence, or to attacks upon his honor and reputation.
Everyone has the right to the protection of the law against such interference or
attacks.
 Article 30: Nothing in this Declaration may be interpreted as implying for any
State, group or person any right to engage in any activity or to perform any act
aimed at the destruction of any of the rights and freedoms set forth herein.

2. THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF

DISCRIMINATION AGAINST WOMEN (CEDAW):

CEDAW3 was adopted in 1979 when awareness of sexual harassment at workplace was
only beginning to emerge; therefore it did not contain a specific prohibition. However, in
its General Recommendation No. 19 (11th session, 1992), the CEDAW characterized

2
http://www.un.org/en/universal-declaration-human-rights/, last visited on 27th October 2018
3
http://www.un.org/womenwatch/daw/cedaw/, last visited on 27th October 2018

3
gender-based violence, which impairs or nullifies the enjoyment by women of human
rights and fundamental freedoms, is discrimination and therefore a breach of CEDAW.
The Recommendation notes that “equality in employment can be seriously impaired
when women are subjected to gender-specific violence, such as sexual harassment in the
workplace”4. The Recommendation also states that all parties should take all legal and
other measures that are necessary to provide effective protection of women against
gender-based violence, sexual assault and sexual harassment in the workplace.

3. DECLARATION ON THE ELIMINATION OF VIOLENCE AGAINST

WOMEN:

The 1993 General Assembly Declaration on the Elimination of Violence against Women5
affirmed that violence against women constitutes a violation of women’s rights and
fundamental freedoms and calls on States to condemn it and pursue a policy to eliminate
it. It recalls and embodies the same rights and principles as those enshrined in such
instruments as the Universal Declaration of Human Rights and Articles 1 and 2 provide
the most widely used definition of violence against women.

4. UNITED NATIONS FOURTH WORLD CONFERENCE ON WOMEN:

The United Nations Fourth World Conference on Women 6 , held in Beijing in 1995,
adopted a Platform for Action, includes provisions on sexual harassment in the
workplace. It calls on governments, trade unions, employers, community and youth
organizations, and NGOs to eliminate sexual harassment. More specifically, governments
are urged to enact and enforce laws and administrative measures on sexual and other
forms of harassment in the workplace

Harassment has become an impediment for both economic and social development in the
country. Over the past two decades, activism around sexual harassment has sparked
developments around the globe, with differing results as each nation has drawn on its
own legal and cultural traditions to fashion its own approach to regulating harassment.

4
http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm, last visited on 27th October
2018
5
http://www.un.org/documents/ga/res/48/a48r104.htm, last visited on 27th October 2018
6
http://www.un.org/womenwatch/daw/beijing/, last visited 28th October 2018.

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THE INDIAN SCENARIO

Sexual Harassment as we know has become a global problem which is a kind of violence
against women. In India until the Vishaka judgment was given out, there was no law to
govern this matter and the guidelines which came as an outcome of this case were
derived from the Convention on the Elimination of all forms of Discrimination Against
Women (CEDAW). The Indian Constitution had grounded provisions in the form of
fundamental rights. Before the Vishaka guidelines came into picture, the women had to
take matter of Sexual Harassment at Workplace through lodging a complaint under
Section 354 and 509 of The Indian Penal Code 1860.

Provisions of The Indian Constitution to safeguard women from Sexual Harassment

Sexual harassment clearly violates the fundamental rights of a woman, the makers of The
Indian Constitution7 included the following provisions to ensure the interests and rights
of women are safeguarded.

 Article 14 – The Fundamental Right to Equality

Women are guaranteed to be treated equally by the Indian Constitution, any form
of harassment especially sexual harassment at the workplace specifically directed
towards women employees are a clear infringement of this Fundamental Right.
 Article 15- The Right against discrimination on grounds of religion, race, caste,
sex or place of birth
Often times women are targeted and victimized at their workplace as they are still
considered to be the inferior sex. They have to face various forms of harassments
and are not always treated as preferentially as their male colleagues. Such
discriminatory behavior violates Women’s right against discrimination.
 Article 15(3) - The State to make special provisions for women and children
There is a growing need for the upliftment of women and the abolition of all
forms of discriminatory practices against them. The Constitution confers upon the
state to create special provisions for the betterment of women and children.

7
J.N.Pandey, Constitutional law of India (Central Law Agency, Allahabad, 33rd ed., 1998)

5
  Article 21- The Right to live and Personal Liberty
The Right to life does not only give every person a “mere physical right but it also
includes within its ambit, the right to live with human dignity”8. Harassment is a
form of discrimination, which can be said to be one of the primary threats to a
person’s dignity.
 Article 19(g) - Right to practice any profession and carry on any occupation,
trade or business
Every citizen of India is guaranteed the Freedom to practice any profession and or
carry on any occupation, trade or business. This right includes a right to a safe
environment free from and form of harassment, especially sexual harassment.
 Article 41: Right to work, to education and to public assistance in certain cases
The State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disablement, and in
other cases of undeserved want.
 Article 42: Provision for just and humane conditions of work and maternity relief
The State shall make provision for securing just and humane conditions of work
free from any form of harassment and for maternity relief.

The Indian Penal Code on Sexual Harassment

Ant conduct that may be construed as sexual harassment can also constitute an offence
and can be penalized under the IPC. Before the Vishaka guidelines came into picture, the
women had to take matter of Sexual Harassment at Workplace through lodging a
complaint under The Indian Penal Code. Prior to the Criminal Amendment Act, 2013 it
was brought within the ambit of Section 354 of the IPC which made any act outraging the
modesty of a woman a crime.

In 2013, substantial changes were made in the way sexual harassment was viewed within
the criminal justice system in India through The Criminal Law Amendment Act of 2013,
which commenced on April 3, 2013. This act introduced Section 354A of the Indian

8
Maneka Gandhi v. Union of India , 1978 AIR 597, 1978 SCR (2) 621

6
Penal Code, 1860 that defined the term sexual harassment and related offences and put
forth punishments for the same9.

 Section 294: Obscene Act and Songs

Obscene acts in any public place, singing obscene songs to the annoyance of
others. Punishment for violation of this Section is Imprisonment for a term of up
to 3 months or fine, or both.
 Section 354 (A): Assault or criminal force to woman with intent to outrage her
modesty
This section was inserted to make sexual harassment a particular offence. A man
committing any physical contact advances involving unwelcome and explicit
sexual overtures; or demanding or requesting sexual favours; or showing
pornography against the will of a woman; or making sexually coloured remarks,
shall be guilty of the offence of sexual harassment. It entails a punishment of
rigorous imprisonment for a term which may extend to three years, and a fine.
 Section 509: Word, gesture or act intended to insult the modesty of a woman
Uttering any word or making any gesture intended to insult the modesty of a
woman and intrudes her privacy. The offender is punished with simple
imprisonment for a term which may extend to three years, and also with fine.
 Section 354B: Assault or use of criminal force to woman with intent to disrobe
This section criminalizes assault or use of criminal force against a woman with
the intention of disrobing her, i.e. with the intention of depriving her of her
clothing or forcing her to be naked. Such an act is punishable with either simple
or rigorous imprisonment of 3 to 7 years or a fine. Aiding such a crime also
carries the same punishment. While this may sound similar to outraging modesty,
it isn’t. It is considered an offence whether or not the man intended to outrage the
modesty of the woman.
 Section 354C: Watching or capturing images of a woman without her consent
This section criminalizes the act of any man watching or capturing the image of a
woman engaged in a private act in circumstances where she would usually not

9
K D Gaur, The Indian Penal Code (Universal Law Publishing , 5th edition 2015)

7
 expect to be observed by the perpetrator or by any other person on the orders of
the perpetrator or the distribution of an image so captured by the perpetrator.
Punishment: First conviction – one to three years in prison and a fine. Subsequent
conviction–three to seven years in prison and a fine.
 Section 354D: Stalking
Following a woman and contacting her or trying to contact her despite her saying
she does not want contact. Monitoring a woman using the internet or any other
forms of electronic communication. Whoever commits the offence of stalking
shall be punished on first conviction with imprisonment of either description for a
term which may extend to three years, and shall also be liable to fine; and be
punished on a second or subsequent conviction, with imprisonment of either
description for a term which may extend to five years, and shall also be liable to
fine

THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE

(PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013

In 2013, after a span of 16 years, India finally enacted the Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act, 201310. The main objective of
the Act enacted by the Indian Parliament is to provide protection against sexual
harassment of women at workplace and prevention and redressal of complaints of sexual
harassment. The Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act retains the essence of the Vishakha Guidelines, and expands on its
provisions.

“Aggrieved women”

Section 2(a) of the Act widens the definition of ‘aggrieved woman’ to include all women,
irrespective of age and employment status, and it covers clients, customers and domestic
workers.

10
http://www.iitbbs.ac.in/notice/sexual-harrassment-of-women-act-and-rules-2013.pdf, last visited on 28th
October 2018

8
“Workplace”
Section 2(o) of the Act expands ‘workplace’ beyond traditional offices to include all
kinds of organizations across sectors, even non-traditional workplaces (for example those
that involve telecommuting) and places visited by employees for work.

“Employer”

As per section 2(g) ‘employer’ has been defined as any person who is responsible for
management, supervision, and control of the workplace and includes persons who
formulate and administer policies of such an organization under Section 2(g).

Internal Complaint Committee

Section 4 of the Act makes it mandatory for every employer to constitute an internal
complaints committee (ICC) which entertains the complaints made by any aggrieved
women. The members of the ICC are to be nominated by the employer and ICC should
consist of a Presiding Officer and not less than two members one of which should be a
woman. The members should be committed to the cause or women or who have had
experience in social work or have legal knowledge, one member from amongst non-
governmental organizations or associations committed to the cause of women or a person
familiar with the issues relating to sexual harassment.

Local Complaint committee

Provisions are provided under section 6 of the Act to form Local Complaints Committee
(LCC) for every district for receiving complaints of sexual harassment from
establishments where the ICC has not been formed due to having less than 10 workers or
if the complaint is against the employer himself.

Complaint Procedure

Section 9 of the Act stipulates that aggrieved woman can make written complaint of
sexual harassment at workplace to the ICC or to the LCC within a period of three months
from the date of incident and in case of a series of incidents, within a period of three
months from the date of last incident. If the aggrieved woman is unable to make
complaint in writing, reasonable assistance shall be rendered by the presiding officer or

9
any member of the ICC for making the complaint in writing.
As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Rules, 2013, in case the aggrieved woman is unable to make a complaint on
account of her physical incapacity, a complaint may be filed inter alia by her relative or
friend or her co-worker or an officer of the National Commission for Woman or State
Women's Commission or any person who has knowledge of the incident, with the written
consent of the aggrieved woman.

THE JUDICIARY’S APPROACH

The elimination of gender-based discrimination has been one of the fundamentals of the
Constitutional edifice of India. The principle of gender equality is enshrined in the
Constitution, in its Preamble, fundamental rights, fundamental duties and Directive
Principles.

However, workplace sexual harassment in India was for the very first time recognized by
the Supreme Court of India in its landmark judgment of Vishaka v. State of Rajasthan11,
wherein the Supreme Court framed certain guidelines and issued directions to the Union
of India to enact an appropriate law for combating workplace sexual harassment.

Some noteworthy complaints of Sexual Harassment at the Workplace that came into the
national limelight were:

1. Mrs. Rupan Deol Bajaj & Another vs Kanwar Pal Singh Gill & Another 12

Rupan Deol Bajaj was at that time an Officer of the Indian Administrative
Service belonging to the Punjab Cadre. She filed a complaint against KPS Gill, saying
that he had molested her modesty by patting her posterior during a party at the
Chandigarh residence of then Punjab Financial Commissioner, S L Kapoor. She filed an
FIR with the police whereby no further investigation took place. Disappointed she then
approached the Judicial Magistrate who ordered the investigation and against these
complaints. Enraged Mr. Gill approached the High Court. The High Court quashed the

11
Vishaka vs. State of Rajasthan and Ors., JT 1997 (7) SC 384
12
Rupan Deol Bajaj & Anr vs Kanwar Pal Singh Gill & Anr on 12 October, 1995. 1996 AIR 309, 1995
SCC (6) 194

10
complaints because the Honorable Court thought that it was a trivial offence
under Section 95 of the Indian Penal Code not worthy of any prosecution. The Supreme
Court overturned the decision of the lower Court and ruled that the offence of outraging
the modesty of women was committed under Sections 354 and 509 of the Indian Penal
Code.

2. Radhabai vs. D. Ramachandran13

In 1973, when Radhabai, secretary to D. Ramachandran, the then State Social Welfare
Minister protested against his abuse of girls in welfare institutions, he attempted to molest
her; and followed by dismissing her. In 1995, the Supreme Court passed a judgment in
her favour, with back pay and perks from the date of dismissal.

3. Vishakha v. State of Rajasthan14

This was a landmark case regarding the protection of women against sexual harassment
at workplace. Bhanwari Devi was a social worker in a programme initiated by the state
government of Rajasthan aiming to curb the evil of Child Marriage. Amidst, the protest to
stop a child marriage in one Ramakant Gujjar’s family Bhanwari Devi tried her best to
stop that marriage.
However, the marriage was successful in its completion even though widespread protest.
In 1992, to seek vengeance upon her, Ramakant Gujjar along with his 5 men gang raped
her in front of her husband. The police department at first tried to dissuade them on filing
the case on one pretext or other but to her determination; she lodged a complaint against
the accused. They were however, subjected to harsh cruelty by the female police
attendants, adding to their misery, their request to spend the night in the police station
was also refused. To get justice, she took her case to the Trial Court where Court, but the
Court acquitted the accused for the reason of lack of the medical shred of evidence and
other reasons. Due to which so many women’s groups and organizations went for appeal
against the judgment, they all filed a writ petition in Supreme Court of India under the
name ‘Vishakha’.

13
Radhabai vs The Union Territory of Pondicherry 1995, AIR 1476, 1995 SCC (4) 141
14
Vishaka vs. State of Rajasthan and Ors., JT 1997 (7) SC 384

11
 Supreme Court held that the sexual harassment of a woman at a workplace would be
violative of her fundamental rights of gender equality and right to life and liberty under
Articles 14, 15 and 21 of the Indian Constitution.

The apex court was called upon to frame guidelines for preventing Sexual Harassment at
Workplace. The honorable Supreme Court did come up with such guidelines, knows as
the famous “Vishakha Guidelines”.

VISHAKHA GUIDELINES

The Vishakha guidelines 15 lays down certain preventive steps that an employer or
responsible persons within the organization should keep in mind in order to prevent
women from sexual harassment at workplace16.

They can be summarized as follows:

i. Duty of the employer or other responsible persons in workplace and other institutions
It is the duty and responsibility of the employer to prevent or deter the commission of
acts of sexual harassment and to provide necessary relief to the aggrieved.
ii. Definition
Sexual Harassment includes various forms unwelcome sexually determined
behavior such as:
 Physical contact and advances;
 A demand or request for sexual favors;
 Sexually coloured remarks
 Showing pornography;
 Any other unwelcome physical verbal or non-verbal conduct of sexual nature.
iii. Preventive Steps
Employers or persons in charge of work place both in public and private sector
should take appropriate steps to prevent sexual harassment.

15
Vishaka vs. State of Rajasthan and Ors., JT 1997 (7) SC 384,
http://www.legalserviceindia.com/legal/article-236-vishaka-case-1997.html , last visited on 29th October
2018.
16
Dr. Mamata Rao, Law Relating to Women and Children (Eastern Book Company, Lucknow, 2 nd Edition
2008)

12
 a. Express prohibition of sexual harassment at the work place should be notified,
published and circulated in appropriate ways.
b. The rules of government and public sector bodies relating to conduct and
discipline should include rules prohibiting sexual harassment and provide for
adequate and appropriate penalties against the offender.
c. Appropriate work conditions should be provided in respect of work, leisure,
health and hygiene to further ensure that there is no hostile environment towards
women at work places and no employee woman should have reasonable grounds
to believe that she is disadvantaged in connection with her employment.
iv. Criminal Proceedings
When such conduct or act amounts to an offence under the IPC or under any other
law, the employer shall initiate appropriate action in accordance with law by
making complaint with the appropriate authority. In particular, it should ensure
that victims or witnesses are not victimized or discriminated against while dealing
with complaints of sexual harassment.
v. Disciplinary Action
Where such conduct amounts to misconduct in employment as defined by the
relevant service rules, appropriate disciplinary action should be initiated by the
employer in accordance with those rules.
vi. Complain Mechanism
Whether or not such conduct constitutes an offence under law or a breach of the
service rules, and appropriate complaint mechanism should be created in the
employer’s organization for redress of the complaint made by the victim. Such
complaint mechanism should ensure time bound treatment of complaints.
vii. Internal Complaints Committee
The complaint mechanism should be adequate to provide a complaints committee,
a special counselor or other support service, including the maintenance of
confidentiality.
The complaints committee should be headed by a woman and not less than half of
its member should be women. Further, to prevent the possibility of any undue
pressure or influence from senior levels, such complaints committee should

13
 involve a third party, either NGO or other body who is familiar with the issue of
sexual harassment.The complaint committee must make an annual report to the
government department concerned of the complaints and action taken by them.
viii. Worker’s Initiative
Employees should be allowed to raise issues of sexual harassment at a workers’
meeting and in other suitable forum and it should be affirmatively discussed in
employer-employee meetings.
ix. Awareness:
Awareness of the rights of female employees in this regard should be created in
particular by prominently notifying the guidelines (and appropriate legislation
when enacted on the subject) in a suitable manner.
x. Third Party Harassment
Where sexual harassment occurs as a result of an act or omission by any third
party or outsider, the employer and person in charge will take all steps necessary
and reasonable to assist the affected person in terms of support and preventive
action.
4. Apparel Export Promotion Council v. A.K. Chopra17

This was the first time when Supreme Court had applied the guidelines laid down in
Vishaka v. State of Rajasthan. Supreme Court upheld the dismissal of an officer from
Apparel Export Promotion Council. He was found guilty of harassing at women at his
workplace on the ground that it violated Article 21 of Indian Constitution. Providing safe
working environment is a legal duty of the employer.

PITFALLS AND HOW TO COPE

Sexual harassment is a serious problem in the workplace and it has become one that
receives a lot of negative attention. India is a late entrant in formalizing sexual
harassment at workplace as a penal offence punishable with imprisonment and penalty.
The Acts and Provisions currently at force in India have certain disadvantages or

17
Apparel Export Promotion Council vs A.K. Chopra, 1991 1SCC 759: AIR1999 SC625

14
loopholes which at times prove to have a negative effect on the society as they cannot be
implemented in their true sense. Below are some of the drawbacks and some measures
that can be taken in order to create a harassment-free workplace.

1. Making the Acts and provisions gender neutral:

Unfortunately, unlike their female counterparts, male workers cannot route their
sexual harassment complaints through the Prevention of Sexual Harassment Act
since it provides cover for female workers only. Thus, all such provisions should
be given a gender neutral interpretation.
2. Dealing with complaints beyond the six-month limitation:
Allegations of sexual harassment need to be filed within three months of the
incident, and extendable up to six months when required. However, given that
sexual harassment is an incident of heavy consequence in the life of the victim,
the time period of six months needs to be extended further to enable the victim to
overcome the following trauma to file a complaint.
3. Handling complaints:
The Prevention of Sexual Harassment Act needs to provide clarity around
handling incidents of sexual harassment based on evidence but without written
complaints from complainants.
4. Stringent Anti-retaliation measures:
Sexual harassment incidents at the workplace do not get reported despite the
existence of the Prevention of Sexual Harassment Act, due to embarrassment,
waiting for the issue to resolve on its own, the fear of retaliation and anxiety. The
Act needs to specify stringent anti-retaliation measures to alleviate the fear of
retribution for lodging a sexual harassment complaint.
5. Awareness:
The circulation of information, open communication and guidance is of particular
importance in removing the taboo of silence which often surrounds cases of
sexual harassment.

15
 CONCLUSION

Sexual harassment at work place is not just a private problem between harasser and
victim; it is an issue, which has implications for all employees and management at the
work place. Discrimination against women and gender stereotypes carried in workplace
tend to perpetuate sexual harassment of women at work place. The physical, social and
economic consequences of sexual harassment at work place are long-term. Sexual
harassment violates a woman’s right to job security and equal opportunity. It can create
working conditions that are hazardous to the physical and psychological well-being of
women workers. It also creates a poisoned work atmosphere that can be disempowering
and demoralizing to women workers. Sexual harassment at the workplace is a social
challenge that needs to be addressed. Many women refrain from complaining against the
harassments, out of fear because of the stigma and suffer in silence.
Despite these developments, the problem of sexual harassment is assuming alarming
proportions and there is a pressing need for domestic laws on the issue. India is rapidly
advancing in its developmental goals and more and more women are joining the
workforce. It is the duty of the state to provide for the wellbeing and respect of its
citizens to prevent frustration, low self-esteem, insecurity and emotional disturbance,
which, in turn, could affect business efficacy, leading to loss of production and loss of
reputation for the organization or the employer. In fact, the recognition of the right to
protection against sexual harassment is an intrinsic component of the protection of
women’s human rights. It is also a step towards providing women independence, equality
of opportunity and the right to work with dignity.

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17