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Sexual Harassment of Women at Work Place: Name-Prateek Chaudhary Course - BBA - LLB Roll - No-2008501011

The document discusses sexual harassment of women in the workplace. It defines sexual harassment and outlines two types - hostile work environment and quid pro quo. It also discusses relevant laws in India like the POSH Act and where complaints can be filed. Key cases like Vishaka are also summarized.

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Gurjar Prateek
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48 views10 pages

Sexual Harassment of Women at Work Place: Name-Prateek Chaudhary Course - BBA - LLB Roll - No-2008501011

The document discusses sexual harassment of women in the workplace. It defines sexual harassment and outlines two types - hostile work environment and quid pro quo. It also discusses relevant laws in India like the POSH Act and where complaints can be filed. Key cases like Vishaka are also summarized.

Uploaded by

Gurjar Prateek
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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SEXUAL HARASSMENT OF

WOMEN AT WORK PLACE


Name- Prateek Chaudhary
Course- BBA.LLB
Roll.no-2008501011
INTRODUCTION

sexual harassment at workplace

 Sexual harassment is any unwelcome sexually defined


behaviour which can range from misbehaviour of an irritating
nature to the most serious forms such as sexual abuse and
assault, including rape.
 The Sexual Harassment of Women (Prevention, Prohibition and
Redressal) Act 2013 defines sexual harassment to include any
one or more of the following unwelcome acts or behaviour
(whether directly or by implication) namely:
 physical contact and advances.
 A demand or request for sexual favours.
 Showing pornography.
 any other verbal or non-verbal conduct of sexual nature.
Types of sexual harassment at workplace

 There are two types of sexual harassment at workplace:-


1. Hostile work environment.
2. Quid pro quo

Hostile work environment:–


"Hostile work environment" involves conditions of work or behaviour towards a female worker, which make
it unbearable for her to be there unwelcome sexual harassment occurs simply because she is a woman.
A number of surveys revealed that a number of unwelcome actions by fellow colleagues are causing
harassment among women workers.

Quid pro quo:-


"Quid Pro Quo" literally means "this for that". Applying this to sexual harassment, it means seeking sexual
favours or advances in exchange for work benefits such as promises of promotion, higher pay, academic
advancements etc.
Where a complaint can be filed?
 Internal Complaints Committee - within that organization.

 Local Complaints Committee - if you are an employee from an


establishment where the Internal Complaints Committee has
not been constituted due to having less than 10 workers. In the
case that the complaint is against the employer himself/herself
and the individual feels that the case may be compromised,
he/she can also lodge a complaint in the LCC.

 For instances where the LCC may not be immediately


accessible, the Act instructs the District officer to designate
one nodal officer in every block, taluka and tehsil in rural or
tribal areas and ward or municipality in the urban area, who will
receive the complaint and forward it to the concerned LCC
within 7 days. Local police station, in case provisions under the
Indian Penal Code, are applicable.
Constitution of India.

• Article 14 & 15 Embodies the concept of equality and prohibits


discrimination on the grounds of religion ,race , caste, sex, place
of birth or any of them.
•Article 19 Gives fundamental right to all citizens to practice any
profession, or to carry out any occupation, trade or business. This
right pre supposes the availability of an enabling environment for
women, which equities safe and secure in every aspect.
• Article 21 Right to life and personal liberty, includes the right to
live with dignity and in case of women it means that they must be
treated with due respect, decency and dignity at workplace.
POSH ACT,2013
The Protection of Women from Sexual Harassment at Workplace Act, 2013 (POSH Act
2013) is a landmark legislation in India that seeks to protect women from sexual
harassment. This law has enabled Indian women to stand up for their rights and assert their
autonomy in the workplace.

Through this act, government has sought out to provide woman with a safe and secure
working environment. and has put in place mechanism to prevent complaint of sexual
harassment.
Objective of posh act 2013
 No woman shall be subjected to sexual harassment at workplace
 The following circumstances, among other circumstances, if it
occurs or is present in relation to or connected with any act or
behviour of sexual harassment may amount to sexual harassment.
 Implied or explicit promise of preferential treatment in her employment.
 Implied or explicit threat or detrimental treatment in her employment.
 Implied or explicit threat about her present or future employment
status.
 Interference with her work or creating an intimidating or offensive or
hostile work environment for her.
 Humiliating treatment likely to affect her health or safety.
Vishaka and others v. State of
Rajasthan(Bhanwari Devi Case)

 Vishaka and Others v. State of Rajasthan, also known as the


Bhanwari Devi case, was a landmark judgment by the Supreme
Court of India in 1997 that established guidelines for the
prevention of sexual harassment at the workplace.

 The Supreme Court held that sexual harassment at the


workplace violates the rights of women guaranteed under the
Indian Constitution and international conventions.
Vishakha Judgement - 1997
Supreme Court acknowledged that:
 Sexual harassment is a human rights violation.
 Sexual harassment is a violation of the constitutionally
guaranteed fundamental rights:-
 Articles 14 and 15: Right to equality.
 Article 21: Right to life - to live with dignity.
 Article 19(1)(g) - Right to practice any
profession/trade/occupation/business, i.e., a right to a safe
environment free from harassment.
The Judgement prescribed the guidelines and pursuant to the
same The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 was enacted.
Conclusion

The analysis clearly shows that sexual


harassment is driven across all sectors by
power and gender imbalances, as well as the
often unconscious assumptions that are
deeply rooted in stereotypes about gender
roles. These stereotypes often shape our
beliefs around who belongs where and who
should do what in our society.

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