CHAPTER - I

INTRODUCTION

“Woman is the companion of man, gifted with equal mental capacities. She
has the right to participate in the minutest details in the activities of man, and she has
an equal right of freedom and liberty with him. She is entitled to a supreme place in
her own sphere of activity as man is in his. This ought to be the natural condition of
things and not as a result only of learning to read and write. By sheer force of a
vicious custom, even the most ignorant and worthless men have been enjoying a
superiority over woman which they do not deserve and ought not to have. Many of
our movements stop halfway because of the condition of our women.”

-Mahatma Gandhi.

This view of the Father of our Nation clearly places the pathetic condition of Indian

women under which they survive.

From time immemorial, our society has been male dominated with women relegated

to the background and their rights trampled upon. As far as India is concerned, the irony is in

fact that in our country where women are worshipped as ‘Shakthi’, she is being looked down

as commodity or as a slave. She is not only robbed of her dignity and pride outside her house

but also ill treated and subjected to atrocities within the four walls of her house. They are

considered as objects of male sexual enjoyment and reproduction of children. They are the

real ‘Dalits’ (downtrodden) of the society. They are discriminated at two levels, firstly they

suffer because of their gender secondly due to grinding poverty. 1

Women constitute about one-half of the global population but they are placed at

various disadvantageous positions due to gender difference and bias. They have been the

victims of violence and exploitation by the male dominated society all over the world. In

India, ours is a tradition bound society where women have been socially, economically,

physically, psychologically and sexually exploited from time immemorial, sometimes in the

1
Prof. Dr. G. Rajasekaran Nair, Gender Justice under Indian Criminal Justice System – 1st Edn, (Eastern
Law House Pvt Ltd, Kolkata, 2011), P.5

1
name of religion, sometimes on the pretext of writings in the scriptures and sometimes by the

social sanctions. 2

The concept of equality between male and female was almost unknown to us before

the enactment of the Constitution of India. The Preamble of the Constitution, which is the

Supreme Law of the land, seeks to secure to its citizens including women folk, justice- social

economic and political; liberties of thought, expression, belief, faith and worship, equality of
3
status and opportunity and to promote fraternity assuring the dignity of the individual.

Is it not ironical that when Indian mythology places women on a very high pedestal

and they are worshipped and honoured as Goddess of Learning Saraswathi; of wealth

Lakshmi; of power Parvathi. However, double standards are adopted in case of guaranteed

fundamental rights are concerned.

There has been over the decades an alarming decline in moral values all around and

that today is great challenge which we face particularly in our country. In the name of

progress and advancement, we are loosing out on our moral values. It is rather sad that while

we keep celebrating women’s rights in all spheres, we show no concern for her honour and
4
her dignity. It is a sorry reflection on the attitude of indifference of the society.

Late Prime Minister Mrs. Indira Gandhi, in a message to United Nations Women’s

Conference in Mexico on 26th June, 1975 had stated that “a lower status and lesser

opportunity for women hampers the growth of human race as a whole”. 5This generalization

underlines the need for their emancipation and better facilities for the growth and

development of their personality in full measure.

2
Mukherjee S. K, Law relating to Sexual Harassment and Sexual Offences (Kamal Publishers, New Delhi),
P.7
3
Preamble of the Indian Constitution.
4
Chief Justice A. S. Anand, Justice for Women – concerns and expressions – (Universal Law Publishing Co
Pvt Ltd, Delhi), 2nd Edn. 2003 P.6
5
Amita Malik, Quotable Quotes from Indira Gandhi, message to the United Nations Women’s Conference
in Mexico, 26th June 1975. (Publication Division, Ministry of Information and Broadcasting, Government of
India, New Delhi – 1989), P.35.

2
 It is in the 20th century women began to assert their rights. While ascertaining their

rights, it is inevitable for them to participate in nation building. Women began to come out of

their shell and started gaining knowledge which in turn led them to employment

opportunities. Economic independence of women will help in their emancipation and would

accelerate the improvement of their status.

The pivotal role played by the working women in nation building cannot be neglected.

In India, women are entering the formal labour work force in unprecedented numbers.

In light of this development, there is more than ever before, a pressing need for the rights of

women to be respected, protected and fulfilled, particularly in the work force. The ‘Right to

Work’ encompasses the right to work free from sexual harassment.

Women’s rights in the work place are important for many reasons. The obvious

reason that come to mind are, of course, the right of women to be free from unwanted sexual

comments and advances and touching and more. It is important to note, however, that the

issue of sexual harassment at work place extends far beyond individual women and their

happiness. It extends to work force productivity, economic development and much more. 6

Sexual Harassment is all about expression of male power over women that sustain

patriarchal relations. It is used to remind women of their vulnerability and subjugated status.

In society where violence against woman, both subtle and direct, is borne out of patriarchal

values operating in society, force women’s conformity to gendered roles. These patriarchal

values and attitudes of both men and women pose the greatest challenge in resolution and

prevention of sexual harassment. 7

Sexual Harassment of women at work place is a form of gender based violence. It not

only violates their esteem, self-respect and dignity but also takes away their basic Human

Rights as well as Constitutional Rights.

6
Indira Jaising, Law Relating to Sexual Harassment at Work Place – 2nd Edn. 2014–( Universal Law Co. Pvt
Ltd). P.10.
7
Neeta Raymond, Combat Law, Volume – II, Issue – 3, August – September 2003.

3
 Sexual Harassment at work place cannot be termed as new phenomenon but certainly,

fast changing work place equations have brought this stark underground reality to limelight.

Sexual Harassment at work place has become ubiquitous in every part of the world and India

is no exception to the same. Due to the silence surrounding the issue it is not often discussed,

but its presence can be felt in almost every workplace where women have entered and which

otherwise have been traditionally dominated by men. When we belong to whichever section

of the society, directly or indirectly, such issues haunt us. Be it organized or unorganized,

public or private, service or professional or education, no sector remains untouched by this

problem. 8

Working women are facing many problems of which sexual harassment at work place

has become a serious one. This crime against women, which outrages the modesty of

women, has not been addressed properly. The opposition against the growing number of

incidents in which working women were sexually harassed at their work place gained
9
momentum right from Banwari Devi’s case in Rajasthan.

Although a vast body of law exists in other countries under which a claim of Sexual

Harassment at the work place may be made under various anti discrimination statutes, until

the mid 1990’s the concept of sexual harassment was not recognized by Indian Courts as

such.

There were, however, some notable exceptions. In Rupan Deol Bajaj vs. Kanwar Pal

Singh Gill10 the court recognized sexual harassment as a crime falling squarely under Section

354 of the Indian Penal Code, by interpreting “outraging the modesty of a woman” to include
11
outraging the dignity of a woman. In Saudi Arabian Airlines vs. Shehnaz the court

8
Ritu Gupta, Sexual Harassment at Work Place –1st Edn. 2014 (Lexis Nexis – A Division of Peed Elsevier
India Pvt Ltd, Haryana).
9
Vishaka vs State of Rajasthan, AIR 1997 SC 3011.
10
1995 6 SCC 194
11
Saudi Arabian Airlines vs. Shehnaz - 1991 (1) BOM LR 687

4
recognized that dismissal of woman worker following a complaint of sexual harassment was

an unfair labour practice and illegal, and reinstated the woman who had been dismissed.

In India women are entering formal labour workforce in unprecedented numbers, yet
12
as a proportion of the work force, the percentage of women workers is declining. More

than ever before, India as a country of contradictions, presents a challenge to women in the

workforce. Deep rooted ideologies of gender bias and discrimination – the confinement of

women to the private domestic realm, economic discrimination, reproductive health

inequities, poor access to nutrition, education and employment, exclusion from public

political sphere and gender based violence – remain the most pervasive and persistent form of

inequalities for women today.

Pervasive gender equality remains a barrier to progress, justice and social stability,

and deprives the world of a significant source of human potential. Empowering a woman is

an indispensable part of advancing development.

The global economic crisis, characterized by increasing de- regularization,

privatization and outsourcing of jobs through a net work of intermediaries, has led to the

transformation of employment relationships. These changes resonate in Indian work places as

well. Increasingly, one sees the shift of the work force from the formal sector to informal

sector. Persistent demands by the organized sector to amend labour and industrial loss, has

resulted in job insecurity, contracting out or outsourcing all other jobs, while focusing on

what is now referred to as “core competency” of Industry.

For workers this means outsourcing of jobs often to third world countries,

privatization and fragmentation into small owner /operator businesses at low wages and

unsafe conditions of work. Migrant labour is increasingly being used to undercut wages and

12
Twelfth Five Year Plan (2012 to 2017) Planning Commission, Government of India, Vol III- social sectors –
Table 22.8 at page 133 notes that the labour force participation rate (LFBR) of women workers has declined
both in the rural as well as in the urban areas from 2004 – 05 to 2009 – 10.
http://planningcommission.gov.in/plans/planrel/12thplan/pdf/12fyp_vol3.pdf (Last accessed on 24-08-2016).

5
conditions of work as well as to prevent workers from organizing and form unions and

collectively bargain. Migrant workers are also used to justify harsh enforcement measures

and criminalization of undocumented workers.

It is in this context that we must view the emerging challenges that the working

women face. In the light of these developments, there is, more than ever before, a pressing

need for the rights of women to be respected, protected and fulfilled, particularly in the work

place. The right to work encompasses the right to work free from sexual harassment. It is

from this perspective the thesis revolves round.

It became clear that as India entered into this new era of economic development, long

standing issues of sexual harassment could no longer be thought of by women’s right activists

as being at the work place alone, as there were several situations in which sexual harassment

occurs which cannot strictly be described as ‘work place’. The rapidly changing work

environment also reinforces the increasing importance of zero tolerance towards sexual

harassment against women at work place.

The need for making sexual harassment against women at work place as an offence,

to punish culprit to safeguard the dignity of working women and the vacuum in the field of

law had prompted the Apex court to formulate some guidelines to prevent the same. These

guidelines in Vishaka’s case have become the law of the land for nearly 14 years. As years

grow by, sexual harassment against women at work place also increased and the need for

enactment of a law to check this menace was felt. Hence, The Sexual Harassment of Women

at Work Place (Prevention, Prohibition and Redressal) Act, 2013 came into existence.

This Act provides protection to women from sexual harassment at work place and for

the Prevention and Redressal of complaints of sexual harassment and for matters connected

therewith are incidental thereto. In statement of objects and reasons, it is stated that

Government of India had proposed to enact a comprehensive legislation to provide for safe,

6
secure and enabling environment to every women, irrespective of her age or employment

status, free from all forms of sexual harassment by fixing the responsibility on the employer

as well as the District Magistrate or Additional District Magistrate or the Collector or Deputy

Collector of every district in the State as District Officer and laying down a Statutory

Redressal Mechanism.

SIGNIFICANCE OF THE STUDY:

Between 1980 to 1989 almost every issue concerning violence against women

resulted in a legislative reform. Yet, violence against women has shown a steady exponential

rise with abysmal rate of convictions. Statistics apart, women complainants of violence have

repeatedly emerged from the criminal justice system more humiliated less empowered and

with almost no sense of self left intact.

Given this reality, what does law reform have to offer women in situations of

violence? This question based on a newly emerged basis for law reform in response to sexual

harassment in India.

Historically, criminal sexual violence in India has been understood through the

traditional language of rape. Originating in the 1860s, at a time when women had no

influence over the shape or substance of legislation affecting them; the rape law remained on

the statute books for 123 years before any attempt was made to challenge it.

It was not until 2005 that a notable step exploring remedies beyond criminal law came

about with the Protection of Women from Domestic Violence Act. Apart from covering a

broad spectrum of relationships, the Act is inclusive in defining ‘domestic violence’ as all

forms of abuse. The Act also seeks to offer women victim’s civil remedies hitherto

unavailable to them.

7
 Equality is the foundation on which all other rights are built. Yet, in the area which

affects one in three women worldwide sexual assault, domestic violence, sexual harassment,

child sexual abuse the principles of equality have been most at stake.

It is shocking to note until the nineties, law reform was largely prescribed by a lack of

innovative thinking and moral yard sticks. With little any reference to the equality or human

rights concerns around Violence Against Women, there was no legislative framework or

thinking to promote the same. A significant change occurred in 1992, when women’s groups

filed public interest litigation before Supreme Court of India in Vishaka vs. Rajasthan13.

A question which arose from the case was whether the State would camouflage its

own accountability in the matter. The State’s failure to have a functional policy on sexual

harassment for its village development workers. Therefore, cast some degree of liability on

the State. These amongst other questions became the basis of the not just litigation before the

Supreme Court of India but for potentially innovative legislation. Having defined and

recognized the existence, extent and impact of sexual harassment, women’s groups adopted a

human rights perspective to shift the focus from criminal wrongdoing to systemic

discriminatory conduct which needs to be eliminated. Arguing for a comprehensive law on

the sexual harassment, women’s groups travelled to the Supreme Court of India to define

their human rights at work adopting an equality principle based on CEDAW.

In the first of its kind judgment, the Supreme Court of India articulated gender

equality based on the harm experienced by a gross roots woman activist. In doing so, it

recognized two clear social realties for women.

i) That sexual harassment was not a fiction.

ii) The gender based violence is discrimination and thus violates a woman’s basic human

rights.

13
AIR 1997 SC 3011

8
 Having invoked international human rights language, the link with CEDAW allowed

the Supreme Court to place the experience of sexual harassment within the language of

women’s equality rights. The most inspiring outcome of the Vishaka judgment is that for the

first time, the Supreme Court recognized the need to alter systematic violence against

women. It did so by focusing on how to change attitudes.

Before Vishaka, outdated criminal law provisions of “outraging the modesty of a

woman”14 or “insulting the modesty of a woman” 15 where the closest Indian Law came to

defining sexual harassment. Often that meant nothing short of attempted rape.16 Moreover,

such provisions reeked of moral overtones.

In the end Vishaka provided a very clear basis for legislation and in effect filled a gap

to meet the equality needs of woman who face sexual harassment at work place. At the same

time, it also showed up the interpretive tools necessary to ensure legal language can be made

to comply with contemporary needs. But for almost a decade, the government was silent in

legislating enactment to protect the women against sexual harassment at workplace. From

2007 onwards three Bills were introduced after consultations with NCW and NGOs. Finally

2013, The Sexual Harassment of Women at Work Place (Prevention, Prohibition and

Redressal) Act, 2013 has been made effective on April 23, 2013 by way of publication in the

Gazette of India.

The statute has been enacted almost 16 years after the Supreme Court of India, in its

land mark judgment in Vishaka and others vs. State of Rajastahn17 laid down guidelines

making it mandatory for every employer to provide a mechanism to redress grievances

pertaining to work place sexual harassment and enforce the right to gender equality of

working women. Codification of the requirements is a much awaited development and is a

14
Section 354 Indian Penal Code 1860
15
Section 509 Indian Penal Code 1860
16
State of Karnataka vs. Mahabaleshwar Gourya Naik - AIR 1992 SC 2043,
17
Ibid.

9
significant step towards creating awareness on the issue of work place sexual harassment and

ensuring women a safe and healthy work environment.

WOMEN WORKFORCE:-

“According to the information provided by the Office of the Registrar General and

Census Commissioner of India, as per Census 2011, the total number of female workers in

India was 149.8 million and female workers in rural and urban areas are 121.8 and 28.0

million respectively. Out of total 149.8 million female workers, 35.9 million female workers

are working as cultivators and another 61.5 million are agricultural labourers. Of the

remaining female workers, 8.5 million are in household industry and 43.7 million are

classified as other workers.

As per Census 2011, the work participation rate for women is 25.51% as compared to

25.63% in 2011. The work participation rate of women in 1981 was 19.67%, in 1991 was

22.27% and 2011 was 25.51 %. The work participation rate for women in rural areas is

30.02% as compared to 15.44% in urban areas”18.

In so far as the organized sector is concerned, in March 2011, women workers

constituted 20.5% of total employment in organized sector in the country which was higher

by 0.1% as compared to the preceding year. As per the last employment review by Director

General of Employment and Training, on 31st March 2011, about 59.54 Lakh women workers

were employed in the organized sector (public and private sector) of this nearly 32.14 lakh

women are employed in community, social personal service sector”.19

At an all India level female labour force participation rate was estimated to be 25.4%

as compared to 77.4% in the male category. The discrimination between males and females in

terms of data is pronounced. Although Indian government does not discriminate on the

18
http://labour.gov.in/content/division/women-labour.php. last visited on 23.04.2016.
19
Kavitha Guptha, Article on How to Enable Women Empowerment P.67, 35th Triennial International
Convention 2014 Souvenir released by FIDA at Bangalore on 15th November 2014.

10
ground of sex in public employment, the figures do not speak of equal rights to employment.

But it is crystal clear that due to demographic changes women seeking employment in this

country is also very high in the current period and feeling of deprivation is also high. 20

Having come to know Women’s participation in the labour front both organized and

unorganized – it is for us to see how does the current Act on Sexual Harassment of Women at

Work Place (Prevention, Prohibition and Redressal), Act when compare to what Vishaka has

already established for both women and workplaces? The key elements highlighted by the

judgment are fourfold:

 Defining sexual harassment according to an equality principle

 Creating institutional responsibility

 Emphasizing prevention

 Providing for effective redress

In this context, it is significant to critically analyze the Act in order to see that whether the

Act confines to the four key elements highlighted by the Supreme Court in Vishaka judgment

and how far it is relevant for today’s women at workplace.

In Western countries, protection from sexual harassment against women at work place is

a civil rights violation and the cases are filed by the Equal Employment Opportunities

Commission against the employer organizations. But here it is not so. Unless the employer

takes up the matter there is no redressal mechanism for the victims. Though in the case of

Vishaka and Medha Kothwal Lele, the Supreme Court has said that committee should exist in

all organizations and adequately notified and displayed, in most organizations it is not done.

There is no mechanism for compensation for the damage caused to the victim though the Act

clearly speaks about that. Further there is no data furnished, even after the direction from the

20
Ishita Mukhopadhyay, Article on Employment. P.86 India 4th and 5th NGO Alternative Report on CIDAW
July 2014 by National Alliance of Women India, B4/2006, Safdar Jung Enclave, New Delhi 110029.

11
Supreme Court with reference to the data on number of organizations – both private and

public and constitution of committees by them and the number of complaints filed before the

internal committees and their resolutions. Further the clause of taking action against women

for false complaint works as a deterrent and the victims is again victimized.

AIM OF THE STUDY:-

It is the need of the hour to have an in-depth study on sexual harassment against

women at work place and critical analysis of The Sexual Harassment of Women at Work

Place (Prevention, Prohibition and Redressal) Act, 2013 in tackling such cases. The

enactment of new law has injected confidence in the working women. But at the same time,

there are grey areas which the law failed to address. Therefore, it will be appropriate to make

a social audit of relevant legislations, primarily The Act and to make a critical appraisal of

the working of the present legal system, with reference to sexual harassment against women

at work place. The present work is directed towards that end.

OBJECTIVE OF THE STUDY:

Sexual Harassment at Work Place is considered violation of women’s right to

equality, life and liberty. It creates an insecure and hostile environment, which discourages

women’s participation in work, thereby adversely affecting their social and economic

empowerment and the goal of inclusive growth.

The Constitution of India embodies the concept of equality under Article 14 and 15

and prohibits discrimination on grounds of religion, race, caste, sex or place of birth or any of

them. Article 19 (1) (g) gives the Fundamental Right to all citizens to practice any profession

or to carry on any occupation, trade or business. This right presupposes the availability of an

enabling environment for women, which is equitous, safe and secure in every aspect. Article

12
21, which relates to the right to life and personal liberties, includes the right to live with

dignity and in the case of women, it means that they must be treated with due respect,

decency and dignity at the workplace.

The enactment of a new law to prevent, prohibit and redressal of Sexual Harassment

at Work Place as per the provisions of the Constitution – raises certain questions in the minds

of working women (a) whether the Act is an affective measure to check and prevent sexual

harassment against women at work place? (b) whether this Act is effective in implementing

the guidelines issued by the Supreme Court in Visaka vs. State of Rajasthan21. This research

work is intended to study the scope of the Act in redressing the crime of Sexual Harassment

against Women at Work Place. It also critically evaluates the Constitutional and legal

provisions in addressing this problem. It tries to analyze the judicial decision and their

implications on this issue. It also explores the efficacy of law in addressing this issue and to

suggest remedial measures.

HYPOTHESIS :

To realize the above aim and objective of the research, the following hypothesis is

framed.

The existing legislation to prevent and protect women from sexual harassment at work

place is not so effective in fulfilling its objectives as expected.

Sub Issues are :

a) Is not the portrayal of women as sex objects in the patriarchal society the cause for

Sexual Harassment against Women at Work Place?

b) Whether or not the non availability of hassle free environment in the work place an

impediment for assuring a dignified life for the working women?

21
Ibid.

13
c) Has the employer’s reluctance to check and curb Sexual Harassment against Women

at Work Place paved way for victimization of many women?

d) But for the non support by the co-worker to the victim of sexual harassment, would

this offence have continued?

e) Are there ambiguities in the provisions of Act 14 of 2013 on certain issues such as

constitution of the committee and liability on the part of the employer?

f) Has not the Act failed to include a major chunk of women workforce in agricultural

and defence sectors within its fold of coverage?

g) Is there ambiguity in bringing the student-community under the Act as the provisions

do not speak explicitly?

h) Has not the way for legal battles for victim being paved by the non-implementation of

the provisions on constitution of complaints committees both Internal and Local?

i) Whether the failure to incorporate provisions for employers’ responsibility in payment

of compensation to the victims of sexual harassment at workplace leaves the working

women at the mercy of the accused?

METHODOLOGY:

This research is mainly based on doctrinal method by analyzing the existing statutory

provisions, legal documents etc. Historical method is used to trace out the history and

development of women empowerment and the various hurdles which they faced in attaining

empowerment. Analytical method is used to analyze various laws pertaining to Sexual

Harassment against Women at Work Place.

SOURCES:

For analyzing the objective of the study, materials constituting both primary and

secondary sources have been utilized.

14
 Starting from the Preamble of the Indian Constitution to various parts of the

Constitution, legislations and enactments such as Indian Penal Code, Criminal Law

Amendment Act of 2013 and Labour Legislations and the Sexual Harassment against Women

at Work Place (Prevention, Prohibition and Redressal) Act 2013 are used as primary source

in this research.

The international covenants such as Universal Declaration of Human Rights22

Convention on Elimination of All Discrimination Against Women (CEADAW) 23 and

Convention on Political and Civil Rights24 are also used as primary source in this research.

Various case laws, commentaries, law books, articles of experts, news items, statistical

details from the National Crime Records Bureau and State Crime Records Bureau form part

of the secondary source for the research.

CHAPTERISATION :

For the purpose of effective study, the thesis is divided into six self serving chapters.

The FIRST CHAPTER is an Introduction to the subject of Sexual Harassment

against Women at Work Place. This introductory chapter contains the overall picture of the

status of women around the world, especially in India. It gives a vivid picture of the concept

of women empowerment giving special importance to Sexual Harassment against Women at

Work Place. This chapter highlights the Aim of the study, Objective of the Study, Hypothesis

upon which the entire study revolves round, the methodology used for the research and the

sources utilized for the research work. It further speaks about the chapterisation of the thesis.

22
Tapan Biswal Human Rights, Gender and Environment, First Ed. Viva Books Private Limited, 4737/23,
Anasari Road, Daryaganj, New Delhi 110 002 – Page 73.
23
Ibid page 151
24
Ibid 76

15
 The SECOND CHAPTER speaks about the Historical Evolution of Sexual

Harassment Against Women at Work Place with the Constitutional Perspective. This

Chapter throws light on the Constitutional mandate on safeguarding the Fundamental Rights

of working women quoting various provisions of the Constitution and other laws. The right

of working women to have violence-free work environment, right to work with dignity and

protection against sexual harassment takes the prime part in this Chapter. This Chapter also

enlightens the role of the State in protecting its women work force from sexual harassment.

The THIRD CHAPTER discusses the International Conventions which paved way

for enactment of Prevention of Sexual Harassment Against Women at workplace in various

countries. It also explains the role of governments in implementing the Articles of Universal

Declaration of Human Rights, various conventions such as International Covenant on

Economic, Social and Cultural Rights, the International Covenant on Civil and Political

Rights, Convention on the Elimination of all Forms of Discrimination Against Women,

International Convention on Labour Organization, Discrimination (Employment and

Occupation), and the Beijing Declaration and Beijing Platform for Action. This Chapter

explains the underlying principles on Sexual Harassment Against Women at Work Place

from these Conventions and Declarations.

The FOURTH CHAPTER explains the Constitutional Perspective about the Sexual

Harassment Against Women at Work Place. The Fundamental rights enshrined in the

Constitution of India such as the Right to Equality, Freedom from Gender Discrimination and

the Right to live with Dignity forms basis for the Act on Sexual Harassment Against Women

at Work Place. The Articles 38, 39, 41, 42 and 51 ( c) in the Directive Principles of State

Policy are relevant to the Prevention of Sexual Harassment at Work Place. This Chapter

16
examines Sexual Harassment at Work Place as a violation of Constitutionally protected

Fundamental Rights and certain provisions in the Directive Principles of State Policy along

with Article 32 and Article 226 of the Constitution of India which gives powers to the

Supreme Court and the High Courts in protecting the rights of working women.

The FIFTH CHAPTER discusses the Role of Judiciary in empowering women at the

work place. This Chapter attempts to give an insight into The Sexual Harassment Against

Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 and its

implementation by various case laws. This Chapter elucidates the judicial response on the

vital issue of Sexual Harassment Against Women at Work Place and critically analyses

various judgments in the light of Universal Declaration of Human Rights and Fundamental

Rights as per the Constitution of India.

The SIXTH CHAPTER Critically Analyses the Sexual Harassment Against

Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 and also brings

out the gray areas in it. This Chapter does comparative analyses of The Act with 1997 Visaka

Guidelines and brings out the ambiguity in the law. It further discusses the various

International Covenants and its articles upon which the new Act was formulated and does

reveal the lacuna in the application of the same. This Chapter gives a practical guidance to

the employer and the employee to curb and tackle the menace of the Sexual Harassment

Against Women at Work Place.

The SEVENTH CHAPTER is the Concluding Chapter of the thesis which deals with

the Conclusions and Suggestions and recommends remedial measures to resolve the issue of

the Sexual Harassment Against Women at Work Place. It recommends amendments to the

17
Sexual Harassment Against Women at Work Place (Prevention, Prohibition and Redressal)

Act, 2013. This Chapter advocates the successful implementation of the said Act by

recommending few assignments to the State and Stakeholders. At the end of the thesis the

useful bibliography has been given for better understanding of the research.

18