Wednesday, March 20, 2013

Sexual Harassment of Working Women At Work Place


Sexual Harassment of Working Women At Work Place

MY BODY IS MY RIGHT


The sexual harassment of women particularly the working women at work place by their male counterpart is one of the evils of the modern society. In India, there is no one who is capable to combat this evil of the sexual harassment of working women.
In order to protect the working lady of our society it is very important that our government should draft and implement an effective and appropriate legislation.

Need Of Effective And Appropriate Legislation:

SEXUAL HARASSMENT
In public interest litigation filed before the Supreme Court, the need of effective legislation to curb sexual harassment of working women was emphasized. In Vishaka vs. State Of Rajasthan the supreme court observed that in absence of any enacted law to provide for effective enforcement of the basic human right of gender equality and guarantee against sexual harassment at work place, the court lays down the guidelines and norms specified hereinafter to observe at work place or other organization, till a legislation is enacted for the said reason. The same is done in exercise of the authority accessible under Article 32 of the constitution of India in the enforcement of the fundamental right and it is further emphasized that there would be treated as law declared by this court under Article 141 of the constitution of India.
  
 The rule and norm prescribe herein are as under:



1     1)   Duty of employer or other responsible person in work place and other institutes:
It is the responsibility of company or any other dependable person in work place or other institution to prevent or deter the commission of acts of sexual harassment by taking all steps required.
2   2)   Definition:- sexual harassment includes such unwelcome sexually determined behavior (whether directly or by implication) as
a)    Physical contact or request for sexual favours
b)    Sexually remarks or showing pornography
MY BODY IS MY RIGHT
c)     Any other unwelcome verbal or non-verbal conduct of sexual nature.

SEXUAL HARASSMENT
Where any of these act is committed in circumstances where under the victim of such conduct has reasonable apprehension that in relation to the victim’s employment or work whether she is drawing salary or honorarium or deliberate, whether in govt administration public or private venture such conduct can be humiliating and may constitute health and security difficulty. It is unfair for example; when a woman has reasonable ground to believe that her objection will disadvantage her in connection with her employment or work including recruiting or promoting or when it creates hostile job surroundings. unfavorable penalty may visit if the victim does not consent to conduct in question or raise any objection.

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