Violence against women : evolution of laws at work place.

Co-authored by Rushika Makkar.

Time and again our society have had a need to evolve itself as per new norms and changing times, however the one thing that has remained constant is the lack of safety and security of women. 

Today while the women is entering into workplace with a new zeal and ambition, it has become all the more important to keep a check on the evolution of laws of safety of women at work place, both from physical and sexual violence. 

In recent years, there has been a growing recognition of the need to address workplace sexual harassment more effectively. We live in a society where men and women are the employees of the same venture, similar posts and positions, still women are paid less. The growing issue of workplace sexual harassment made the life of a woman more onerous. As a result, several jurisdictions have introduced revised legislation to strengthen protections for employees and ensure more robust enforcement mechanisms.  

A new dimension to Harassment has been discovered with the amended legislation often includes a broader definition of sexual harassment. This includes not only explicit or overt behavior but also more subtle forms such as unwanted comments, gestures, or sharing inappropriate content. 

New laws frequently mandate that employers establish clear, accessible reporting channels for employees. This includes creating confidential reporting systems and ensuring that complaints are taken seriously and investigated promptly and exhaustively. Employers may also be required to provide training on how to report and handle harassment and to maintain the required anonymity behind the same. 

Revised laws generally offer greater protection against retaliation for those who report harassment. This includes measures to safeguard employees from adverse actions such as demotion, dismissal, or ostracism. Many jurisdictions now require employers to provide regular training on sexual harassment. This training often needs to be comprehensive, addressing not only what constitutes harassment but also how to prevent and respond to it effectively. It often introduces stricter penalties for employers who fail to comply with harassment laws. These penalties can include substantial fines, legal fees, and mandatory corrective actions.

In India, sexual harassment at the workplace is governed by various legal principles and landmark judgments. 

The key legal framework and notable cases include: 

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (also known as the POSH Act): 

- This legislation provides a clear definition of sexual harassment and outlines procedures for addressing complaints and ensuring a safe workplace. Prior to the POSH Act, the Supreme Court of India issued guidelines in the landmark case of Vishaka v. State of Rajasthan (1997), which laid the groundwork for the prevention of sexual harassment at the workplace.

-Under this case, it involved a public interest litigation (PIL) filed by women's organizations after the gang-rape of a social worker, Vishaka, highlighted the need for workplace harassment guidelines. The Apex court issued guidelines to address sexual harassment in the workplace, emphasizing the need for policies, preventive measures, and grievance redressal mechanisms. These guidelines served as a precursor to the POSH Act. 

Similarly,

In Medha Kotwal Lele v. Union of India (2013), the case was filed by Medha Kotwal Lele, challenging the delay and inadequacy in the implementation of the POSH Act. The Supreme Court directed the central and state governments to ensure the effective implementation of the POSH Act and to ensure that all organizations comply with the requirements, including forming ICCs and conducting training.

Per contra, In the recent judgement of the Hon’ble Court in the case of Vineeta Sharma v. Union of India (2020). The Supreme Court emphasized the need for workplaces to implement comprehensive policies and adhere to legal standards to prevent any form of harassment and discrimination. 

In order to encourage the practice, there are various keys to effective enforcement measures that are required to protect the rights of the women. 

These include: ICC (Internal Complaints Committee) to handle the complaints of sexual harassment. There must be clear procedure for filing complaints and redressal.

At last, in order to protect the dignity of the women. We need to stand out and aim to create a more equitable and respectful workplace environment, reflecting broader societal shifts towards greater recognition and prevention of sexual harassment.

#violenceagainstwomen #exploitationatworkplace