Sexual harassment in india, Essays (high school) of Law

Download Sexual harassment in india and more Essays (high school) Law in PDF only on Docsity! CHAPTER - 1 INTRODUCTION Legal Definitions of Sexual Harassment The concept of sexual harassment is not universally defined. A boost in the direction of a more standardized law and an international definition of sexual harassment occurred when the European Commission in 1990, passed a Council Resolution that defined sexual harassment for the member states. The resolution is similar to the US definition in that it refers to unwelcome, unreasonable, and offensive nature of the conduct. It also includes the concept of the impact of Submitting to or rejecting the conduct on the victim's employment." It concludes by discussing the idea of hostile environment sexual harassment, which involves conduct that is hostile, intimidating, or humiliating to the recipient. Countries aspiring to joint the European Union are beginning to pass legislation in their efforts to harmonize their laws with those of existing European union members Hypothesis The present study is made in view of the following hypothesis: *The present law to check and control sexual harassment are adequate. *The inherent lacunas in laws have restricted the implementation or enforcement of law on sexual harassment. *There is a lack of will on the part on the legislature, judiciary and society to minimize and prevent sexual harassment. Research Questions The on going research is based upon the social evil of sexual harassment and with this research, we get the answer to the following questions: *When does an act amount to ‘Sexual harassment’ under the prevention of workplace sexual harassment Act ? *It is sexual harassment if the harassment is only verbal ? *What is present position and status of the women in the society and do they enjoy the equal status as men in the society ? *What are the constitutional and statutory provisions to curb the sexual harassment of women at workplace? *Are the existing laws enough to curb the sexual harassment of women at workplace? *What measures should be taken for the safety of women at workplace? *To what extent women themselves are responsible for their present miserable condition ? CHAPTER-2 HISTORICAL BACKGROUND CONSTITUTIONAL PROVISIONS: Article 14 of the Constitution, not only ensured equality before law or equal protection of laws within the territory of India but made a specific clause prohibiting the discrimination on the ground inter alia of sex. Article 15 of the constitution provides that the state shall not against any citizen on ground only of religion. Race, caste, sex place of birth or any of them. Article 15(3) empowers the state to make special provisions for women by providing “nothing in Article 15 shall prevent the state from making any special provision for women and children and thereby over rule the requirement of Article 15(1). Article 16 provides provision to ensure equality of opportunity in the matter of employment. Thus, equality in employment can be seriously impaired when women are subjected to gender specific violence such as sexual harassment. Article 19(1) (g), besides other freedoms provides two basic freedoms: (a) Freedom of speech and expression and (b) freedom to practice any profession or to carry out any occupation, trade or business. Thus, it ensures women workers to have a dignified and honorable life with liberty. Article 21 states that no one shall be deprived of his life or personal liberty. Undoubtedly, right to life and liberty includes right to live with dignity and work in a profession of one’s choice. In this sense sexual harassment at one’s work place means being deprived of one’s precious right to life and liberty. Article 23 guarantees the right against exploitation. It prohibits traffic in human beings and other similar forms of forced labour and makes contravention of this provision to be an offence punishable under law. Article 39(a) ensures that citizen, men and women casually, have the right to adequate means of livelihood. Article 39(d) states that there shall be equal pay for equal work for both men and women. Further, Article 42 ensures that the state shall make provisions for securing just and humane conditions for work and for maternity benefit. LEGAL PROVISIONS Section 292-A of IPC punishes printing etc. of grossly indecent or scurrilous matter or matter intended for blackmail. Section 292(2) of IPC provides punishment in case a person is found guilty of selling, receiving, importing, advertisement, etc., of obscene publications. Section 294 of IPC punishes doing of obscene acts or singing of obscene songs at public place, provided the same causes annoyance to others. Section 354 of IPC prescribes punishment with imprisonment of either description for a term which may extend to 2 years or fine or both, for one who assaults or uses criminal force to any woman intending to outrage or knowing it to be likely that he shall thereby outrage her modesty. Section 509 of IPC provides punishment for insulting the modesty of a woman LABOUR LEGISLATION ¢The Factories Act, 1948 *The Maternity Benefit Act, 1961 *Equal Remuneration Act, 1976 *Industrial Dispute Act, 1947 SOCIAL LEGISLATIONS * Young Persons harmful publication Act, 1956 *The Indecent Representation of Women (Prohibition) Act, 1986 * Information Technology Act, 2000 ¢The National Commission for Women Act, 1990 * The Protection of Human rights Act, 1993 CHAPTER - 5 THE SEXUAL HARASSMENT OF WOMEN AT WORK PLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013: A CRITICAL ANALYSIS Analysis of the Previous Bills The Sexual Harassment of Women at their Work Place (Prevention) Bill, 2000 ¢The Prevention of Sexual Abuse of Women at Work Place Bill, 2001 ¢Prevention of Sexual Abuse and Harassment of Women and Girls at Work Place Bill, 2002 *The Sexual Harassment at their Work Place (Prevention) Bill, 2003 ¢Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Bill, 2006 The Criminal Law (Amendment) Act, 2013 *Section 354:- Assault or Criminal force to woman with an intent to outrage of her modesty *Section 354-A: Sexual harassment and punishment for sexual harassment *Section 354-C: Voyerism *Section 354-D: Stalking CHAPTER- 6 ROLE OF THE INDIAN JUDICIARY CHAPTER- 7 CONCLUSION AND SUGGESTIONS SUGGESTIONS There are many places which are covered within the definition of the term ‘workplace” where there exist sexual harassment due to the presence of inter or intra professional relationship. Provisions addressing such issues are need to incorporated with the idea that atleast statutory bodies, for example Bar Council of India, Medical Council of India, etc. start treating it as professional misconduct. Further, professionals do not fall under the definition of either employer or employee, they cannot be removed, suspended or dismissed. Therefore, provisions relating to these needs to be included. It is trite to say that most of the women who are subjected to sexual harassment or molestation have to undergo a harrowing time while being cross examined when irrelevant questions pertaining to their past sexual history are asked. The present bill does not extensively deal with the protection of such victims during interrogation or cross-examination. Offences under sections 354 and 509 of the Indian Penal Code are compoundable in nature. This compounding nature of the penal provisions works as adverse to the harassed woman. Because there is every possibility that instead of fighting the legal battle, the victim may choose to go for a compromise so that she can retain her job. So these provisions of law need to be amended. Special Mahila Courts be set up to try the cases of sexual harassment with female judges and magistrates so that the victims of such crime do not feel reluctant to narrate their incidents in clear words. Attempts should be made both by the Government sponsored agencies and other social organizations to create awareness among women workers about their legal rights against sexual harassment. THANK YOU