Legal Research.docx

DR.RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

TOPIC: SEXUAL HARASSMENT AT WORK PLACE: THE PRESENT SCENARIO IN INDIA

SUBMITTED TO: Mrs. Shakuntla Sangam

SUBMITTED BY: Lokesh Nigam ROLL NO-74 SECTION A VIIth SEM

CONTENTS

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INTRODUCTION

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WHAT IS SEXUAL HARASSMENT?

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SEXUAL HARASSMENT AT WORKPLACE BILL 2012

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SUPREME COURT GUIDELINE REGARDING VISHAKA VS. STATE OF RAJASTHAN

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WOMEN LAWYERS MOVE SUPREME COURT TO END HARASSMENT IN COURTS

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SEXUAL HARRASEMENT LAWS

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WAYS TO PREVENT SEXUAL HARASSMENT AT WORK PLACE

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SEXUAL HARASSMENT OF WORKING WOMEN AND CONTEMPORARY DECISION

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CONCLUSION

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BIBLIOGRAPHY

INTRODUCTION Crimes against women have risen alarmingly in recent years despite the constitutional and legal safeguards provided for them. Among all the crimes, sexual harassment of women has emerged as one of the least recognized and most appealing crimes. During the last few years, sexual harassment has given an inclination of the horrible behavior patterns prevailing in the Indian Society. In the name of progress and development we are losing out our moral values. It is rather said that while we celebrate women’s right in all spheres, we show no concern for her modesty and pride. It is the sorry reflection on the attitude of indifference of our society. These words of Justice Krishna Iyer give us a brief and clear introduction of sexual harassment. Actually sexual harassment is a legal term which is constantly being redefined and extended in legislation. Keeping the above facts in mind the present project aims to make a comprehensive discussion on the recent trend on the incidence of sexual harassment of women. It examines how far the Indian Constitution has taken care of conferring equal status to women and to what extent the rights and privileges of women have been protected. It also analyses how far the Indian Judiciary has been able to translate into the reality the Constitutional and Legal mandates in this field has also been highlighted. Sexual harassment is nothing less than the showcasing of male dominance. Given an opportunity, such men (those committing sexual harassment) would try fulfilling their desire. However, it is also not true that all cases of sexual harassment are such—where the accused is guilty of conceiving the intention of a sexual intercourse. But it also depends on each individual case and circumstances, because it may well be the case that the woman may also be at fault. Studies find that sexual harassment is still endemic, often hidden, and present in all kinds of organizations. Yet, it is still not always viewed as a problem, which has to be systematically tackled. Sexual harassment at the workplace has been one of the central concerns of the women’s movement in India since the 1980s The issue is of concern for both women and the employers as studies show that sexual

harassment touches lives of nearly 40–60% of working women. According to the official statistics of 1991, one woman is molested every 26 min. Most cases are not reported by victims because of various reasons such as family pressures, the manner of the police, the unreasonably long and unjust process and application of law; and the resulting consequences thereof.

WHAT IS SEXUAL HARASSMENT? Sexual harassment is a form of sex discrimination.The legal definition of sexual harassment is “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.” The Legal Definition Of Sexual Harassment1: The US Equal Employment Opportunity Commission (EEOC), the agency charged with enforcing federal laws against employment discrimination (sexual harassment is a form of discrimination based on sex), has defined sexual harassment as: …unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature… when 1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic achievement, 2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual, or 3. such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or academic environment.

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Managing in the Age of Change: Essential Skills to Manage Today's Workforce

As more and more sexual harassment cases are reviewed by the EEOC2, state and local agencies, and the courts, the legal definition of sexual harassment may be expanded or modified. Every few years, managers should request from a local EEOC office or human rights agency or from the legal or personnel department of their organizations, the most up-to-date legal definitions of sexual harassment available. Sexual harassment usually falls into one of three categories: verbal, nonverbal, and physical. 

Verbal sexual harassment includes suggestive comments about dress, sexual desirability, physique, or sexual orientation; jokes about gender-specific traits; sexual propositions; and sexually related threats and insults.

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Non-verbal sexual harassment includes suggestive or insulting noises, obscene gestures, whistling, leering, and displaying obscene pictures.

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Physical sexual harassment includes touching, pinching, standing or sitting too close, intentionally brushing against someone else's body, and coercing sexual intercourse and assault.

Sexual harassment can occur in a variety of circumstances. The vast majority of sexual harassment is done by a male supervisor toward a female subordinate. Although less common, victims can also be of the same gender as the harasser, and a man can be the victim of a female harasser.In some instances, the harasser may not be the victim's own supervisor, but a colleague, a client, or another supervisory employee. Under the law, even an individual who has not been the direct recipient of unwelcome sexual conduct can be a victim of sexual harassment. For example, the direct sexual harassment of one worker can create an intimidating or hostile work environment for a co-worker who is upset by the harasser's behavior.In general, the keys to the definition of sexual harassment are that the conduct is unwelcome and that it is of an explicitly or implicitly sexual nature. To determine whether it would be considered sexual harassment, the severity, circumstances, and frequency of the conduct in question must be taken into account. If the conduct is severe or pervasive enough to create an environment that a "reasonable person" would find hostile or 2

US Equal employement opportunity commission

abusive, and the victim perceives the environment as hostile or abusive, then the conduct is considered sexual harassment.For example, if a male colleague asks a female colleague for a date, in a friendly manner, this alone would not be considered sexual harassment. However, if he persists, and his behavior becomes pervasive enough to detract from her job performance, it may become sexual harassment. Some conduct could be considered sexual harassment the first time it occurs. For example, if a male supervisor suggests even once that a female subordinate can get a raise if she provides sexual favors, and this suggestion is perceived by the female subordinate to be serious, this could be considered sexual harassment.Conduct that is considered to be of a sexual nature is conduct that makes reference, explicitly or implicitly, to a person's sexuality, sexual desirability, sexual organs, or other sexual attributes. More general comments about women or men, such as "Women are too emotional to be good managers," will not be considered to be of a sexual nature, although they may be evidence of or suggest other forms of discrimination. 

Explicit conduct is obviously sexual. This would include, for example, touching sexual organs, asking a coworker to perform sexual acts, or other direct sexual conduct or requests.

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Implicit conduct is less obvious behavior that would include, for example, looks or stares that, given the context, frequency, suggested intent, or accompanying body language, are in fact sexually inappropriate leers.

In many cases, behavior that is experienced as sexual harassment might not be considered sexual under other circumstances. As such, this implicit conduct can be the most difficult form of sexual harassment to understand. For example, one colleague may occasionally compliment other colleagues on their clothes. This conduct can be harmless if done in a neutral and straightforward manner. But if these same compliments are delivered with sexual innuendo in the giver's tone of voice, or with a leer, or if a recipient indicates that such comments make her or him uncomfortable, and the compliments continue, then they may constitute sexual harassment. Thus, managers should always carefully evaluate the circumstances of conduct that may, when first described, seem entirely innocuous.

Managers should also take into account whether or not a power differential exists between two employees in evaluating conduct that appears innocuous. Unwelcome behavior is especially likely to be experienced as sexual harassment when one coworker has more formal or informal power than the other.

SEXUAL HARASSMENT AT WORKPLACE BILL 2012 India moved one step closer to protecting millions of its working women from sexual harassment by passing a new bill to tackle unwelcome behaviour such as sexual advances, requests for sexual favours and sexual innuendoes made at work. The Protection of Women against Sexual Harassment at Workplace Bill3 was passed by the lower house of parliament on 3rd september and aims to ensure a safe environment for women working in both the public and private sector. The bill still has to be passed by the upper house of parliament, a move that is expected in the coming months. "This bill will contribute to realisation of a woman's right to equality, life and liberty in working conditions everywhere," said an official from the Women and Child Development Ministry, who did not want to be named. "The sense of security at the workplace will improve women's participation in work, resulting in their economic empowerment and inclusive growth." Despite India's economic liberalisation which began more than two decades ago, bringing with it more progressive Western ideas of gender equality and women's empowerment, women continue to face a barrage of threats due to traditional patriarchal beliefs which see them as objects, women's rights activists say.Newspapers on a daily basis recount stories of women being pulled off the streets and gang-raped in moving cars, molestation of women on public transport and murders of brides by their in-laws for not fulfilling dowry demands.While many women working in offices or even in private residences as maids - complain of sexual harassment by 3

NEW DELHI (TrustLaw)

colleagues, managers or their employers, there has been no real mechanism to deal with complaints or ensure that employers are held accountable if a women feels unsafe or harassed. Under the bill, which also covers students in schools and colleges as well as patients in hospitals, employers and local authorities will have to set up grievance committees to investigate all complaints. Employers who fail to comply will be punished with a fine of up to 50,000 rupees. Repeated violations may lead to higher penalties and cancellation of license or registration to conduct business.Gender experts have welcomed the move, but said that like all laws in India, implementation and enforcement of the law will be key. "It helps to have a law and we welcome it, but the crux will lie in its implementation once it is enacted," said Zakia Soman, women's rights campaigner at Action Aid India."Quite often the laws, especially those aimed at protecting women in India, are reduced to a mockery."

SUPREME COURT GUIDELINE REGARDING VISHAKA VS. STATE OF RAJASTHAN It has been a decade of the famous vishakha judgement4. Bhanwari Devi a Saathin of a development program run by the state government of Rajasthan, fighting against child and multiple marriages in villages, tried to stop child marriage of Ramkaran Gujjar's infant daughter who was less than one year old. The marriage took place nevertheless, and Bhanwari earned the ire of the Gujjar family. Gujjar family got infuriated by her interference, and on September 1992 five men including Ramkaran Gujjar, gang raped Bhanwari. Unable to get justice, women groups had filled a petition in the supreme court of India, under the name of, 'Vishakha', asking the court to give certain directions regarding the sexual harassment that women face at the workplace. The result is the Supreme Court judgment, which came on the 13th august 1997, and gave the Vishakha guidelines.

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AIR 1997 SC 3011

This was the case, which bought sexual harassment at workplace into public glare. The petitioners wanted assistance in suitable methods for realization of the true concept of “gender equality”; and to prevent sexual harassment of working women in all workplaces through judicial process and to fill the vacuum in existing legislation. The Supreme Court held that, “each incidence of sexual harassment of women at workplace results in violation of the fundamental rights,” “gender equality” and the "right to life and liberty." It was a clear violation of the articles 1, 15 and 21of the constitution. Gender equality includes protection from sexual harassment and right to work with dignity, which is universally, recognized Human Right. From the viewpoint of the Supreme Court it took this case quite seriously as it understood the gravity of the situation. The Supreme Court took assistance from the then solicitor general of India to formulate certain guidelines and norms to help working women against sexual harassment. These guidelines were formulated since the then civil and penal laws in India did not adequately provide for specific protection of women from sexual harassment in workplace and that enactment of such legislation would take considerable time. In this case the Court said that the incident revealed the hazards to which a working woman may be exposed and the depravity to which sexual harassment can degenerate; and the urgency for safeguards by an alternative mechanism in the absence of legislative measures. In the absence of legislative measures, the need is to find an effective alternative mechanism to fulfill this felt and urgent social need. Thus for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment and abuse, more particularly against sexual harassment at work places, the Court in exercise of its power under Article 32 of the Constitution laid down the guidelines and norms specified hereinafter for due observance at all work places or otherinstitutions.

Further, the Court emphasized that this would be treated as the law declared by this Court under Article 141 of the Constitution. To curb the menace of sexual harassment at workplace, the Court laid down the following guidelines:

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Duty of the Employer or other responsible persons in work places and other institutions :

1. It shall be the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required. 

Definition :

1. For this purpose, sexual harassment includes such unwelcome sexually determined behavior (Whether directly or by implication) as : a. Physical contact and advances; b. A demand or request for sexual favours; c. Sexually colored remarks; d. Showing pornography; e. Any other unwelcome physical, verbal or non - verbal conduct of sexual nature. 2. Where any of these acts is committed in circumstances where under the victim of such conduct has a reasonable apprehension that in relation to the victim’s employment or work whether she is drawing salary, or honorarium or voluntary, whether in Government, public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for instance when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment or work including recruiting or promotion or when it creates a hostile work environment. Adverse consequences might by visited if the victim does not consent to the conduct in question or raises any objection thereto. 

Preventive Step:

1. All employers or persons in charge of work place whether in the public or private sector should take appropriate steps to prevent sexual harassment. Without prejudice to the generality of this obligation they should take the following steps:

a. Express prohibition of sexual harassment as defined above at the work place should be notified, published and circulated in appropriate ways. b. The Rules/Regulations of Government and Public Sector bodies relating to conduct and discipline should include rules/regulations prohibiting sexual harassment and provide for appropriate penalties in such rules against the offender. c. As regards private employers steps should be taken to include the aforesaid prohibitions in the standing orders under the Industrial Employment (Standing Orders) Act, 1946. d. Appropriate work conditions should be provided in respect of work, leisure, health and hygiene to further ensure that there is no hostile environment towards women at work places and no employee woman should have reasonable grounds to believe that she is disadvantaged in connection with her employment. 

Criminal Proceedings: 1. Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the employer shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority. 2. In particular, it should ensure that victims or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. 3. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.

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Disciplinary Action: 1. Where such conduct amounts to misconduct in employment as defined by the relevant service rules, appropriate disciplinary action should be initiated by the employer in accordance with those rules.

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Complaint Mechanism: 1. Whether or not such conduct constitutions an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer’s organization for redress of the complaint made by the victim. 2. Such complaint mechanism should ensure time bound treatment of complaints.

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Complaints Committee: 1. The complaint mechanism, referred to in (6) above, should be adequate to provide, where necessary, Complaints Committee, a special counselor or other support service, including the maintenance of confidentiality. 2. The Complaints Committee should be headed by a woman and not less than half of its member should be women. 3. Further, to prevent the possibility of any undue pressure or influence from senior levels, such Complaints Committee should involve a third party, either NGO or other body who is familiar with the issue of sexual harassment. 4. The Complaints Committee must make an annual report to the Government department concerned of the complaints and action taken by them. 5. The employers and person in charge will also on the compliance with the aforesaid guidelines including on the reports of the Complaints Committee to the Government department.

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Worker’s Initiative: 1. Employees should be allowed to raise issues sexual harassment at worker’s meeting and in other appropriate forum and it should be affirmatively discussed in Employer - Employee Meetings.

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Awareness: 1. Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines ( and appropriate legislation when enacted on the subject ) in a suitable manner.

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Third Party Harassment: 1. Where sexual harassment occurs as a result of an act or omission by any third party or outsider, the employer and person in charge will take all steps necessary and reasonable to assist the affected person in terms of support and preventive action.

The Central / State Governments are requested to consider adopting suitable measures including legislation to ensure that the guidelines laid down by this order are also observed by the employers in Private Sector.

These guidelines will not prejudice any rights available under the Protection of Human Rights Act, 1993.The Court directed that the above guidelines and norms would be strictly observed in all work places for the preservation and enforcement of the right to gender equality of the working women. These directions would be binding and enforceable in law until suitable legislation is enacted to occupy the field. These guidelines apply to both organized and unorganized work sectors and to all women whether working part time, on contract or in voluntary/honorary capacity.

WOMEN LAWYERS MOVE SUPREME COURT TO END HARASSMENT IN COURTS Sixty-three women lawyers have sought the supreme court's help to end the malady of sexual harassment prevalent in various courts across the country. "the applicants who have been closely aware of untoward incidents of sexual harassment seek justice from sc to remove this malady which has plagued the women in this profession," they said. "in order to subserve the ends of justice towards the women advocates who require protection from sexual harassment in court precincts, there is an urgent requirement that sc gives further directions in this regard, the petitioners said and also sought to be made parties in a case pending before the apex court and relating to alleged physical violence against a female advocate in delhi high court.the petitioners said: "there is no forum in sc, or the courts below, for women to address the issue of sexual harassment experienced by them frequently at the hands of their colleagues and persons in whose contact they come in while discharging their duties as advocates." As per the guidelines laid down in the 1997 vishaka judgment5, a committee headed by a woman and with a majority of women members be set up in the apex court, each hc and trial court so that such cases could be addressed and resolved, the petitioners said. "at present, there is no such 5

AIR 1997 SC 3011

forum and in the light of the case before the supreme court, such a committee is the need of the hour and should be immediately set up," they said.

SEXUAL HARRASEMENT LAWS Existing laws in India which can be used in cases of sexual harassment :Existing laws in India which can be used in cases of sexual harassment Amendments to the laws on sexual violence enacted in the last two decades have failed to cover sexual harassment. The following inadequate provisions in the IPC6 and labour laws continue to be under : Indian penal code:- section 209, IPC - Obscene acts and songs - Whoever, to the annoyance of others: a) does any obscene act in any public place or b) sings, recites or utters any obscene song, ballad or words in or near any public place shall be punished with imprisonment of either description for a term which may extend to three months or with fine or both. (Cognisable, bailable and triable offense) Section 354, IPC - Assault or criminal force to a woman with the intent to outrage her modesty - whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or both. Section 509, IPC - Word, gesture or act intended to insult the modesty of a woman whoever intending to insult the modesty of any woman utters any word, makes any sound or gesture, or exhibits any object intending that such word or sound shall be heard, or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or both. (Cognisable and bailable offense)

Industrial Disputes Act:- Rule 5 Schedule 5 - Cases can (and have been) argued on the basis of unfair labour practices listed in this schedule. Such cases can be filed if an employee suffers

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Indian penal code

unfair dismissal or denial of employment benefits as a consequence of the rejection of sexual advances. However, this would only be applicable in quid pro quo cases. Shehnaz Mudbhatkal vs Saudi Arabian Airlines - Shehnaz was subjected to sexual harassment by her boss in 1985, and dismissed when she complained to higher authorities. Her case was won in 1996 when the Bombay labour court judged it to have been a case of unfair dismissal under the Industrial Disputes Act. It ordered her re-instatement with full back payment, perks and promotions. Civil suit can be filed for damages under tort laws. That is, the basis for filing the case would be mental anguish, physical harassment, loss of income and employment caused by the sexual harassment. The Indecent Representation of Women (Prohibition) Act (1987):- Although it is not known to have been used in cases of sexual harassment, the provisions of this act have the potential to be used in two ways. First, if an individual harasses another with books, photographs, paintings, films, pamphlets, packages, etc. containing 'indecent representation of women'; they are liable for a minimum sentence of two years. Second, a 'hostile working environment' type of argument can be made under this act. Section 7 (Offences by Companies) - holds companies where there has been 'indecent representation of women' (such as the display of pornography) on the premises guilty of offenses under this act. (Cognisable, bailable offense; with a minimum sentence of two years)

WAYS TO PREVENT SEXUAL HARASSMENT AT WORK PLACE There are a number of steps7 that you can take to reduce the risk of sexual harassment occurring in your workplace. Although you may not be able to take all of the steps listed below, you should take as many of them as you can. 

Adopt a clear sexual harassment policy. In your employee handbook, you should have a policy devoted to sexual harassment. That policy should: o

define sexual harassment

o

state in no uncertain terms that you will not tolerate sexual harassment

o

state that you will discipline or fire any wrongdoers

o

set out a clear procedure for filing sexual harassment complaints

o

state that you will investigate fully any complaint that you receive, and

o

state that you will not tolerate retaliation against anyone who complains about sexual harassment.

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Train employees: At least once a year, conduct training sessions for employees. These sessions should teach employees what sexual harassment is, explain that employees have a right to a workplace free of sexual harassment, review your complaint procedure, and encourage employees to use it.

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Train supervisors and managers: At least once a year, conduct training sessions for supervisors and managers that are separate from the employee sessions. The sessions should educate the managers and supervisors about sexual harassment and explain how to deal with complaints.

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Monitor your workplace: Get out among your employees periodically. Talk to them about the work environment. Ask for their input. Look around the workplace itself. Do you see any offensive posters or notes? Talk to your supervisors and managers about what is going on. Keep the lines of communication open.

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The Essential Guide to Handling Workplace Harassment & Discrimination, by Deborah C. England (Nolo).

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Take all complaints seriously: If someone complains about sexual harassment, act immediately to investigate the complaint. If the complaint turns out to be valid, your response should be swift and effective.

SEXUAL HARASSMENT OF WORKING WOMEN AND CONTEMPORARY DECISION Sexual Harassment has been recognized as a violation of human rights and it is considered as a crime which violates dignity and respect of a woman. But it is an established fact that Sexual Harassment of women in our country is very common and represents a long hidden form of crime against women. Sexual Harassment of women is regularly headlined. In Rupan Deol Bajaj Vs KPS Gill18 ; A senior IAS officer, Rupan Deol Bajaj was slapped on the posterior by the chief of police, Punjab Mr. KPS Gill at a dinner party in July 1988. Rupan Bajaj has filed a suit against him. The Supreme Court in January,1998 fixed Mr. KPS Gill Rs. 2.5 Lacs in lieu of three months.Rigoroues Imprisonment under sections 294 and 509 of the Indian Penal In N Radhabai Vs. D Ramachandrant9; When Radhabai, Secretary of D Ramachandran the then social minister for the protested against his abuse of girls in the welfare institutions, he attempted to molest her, which was followed by her dismissal. The Supreme Court in 1995, passed the judgment in her favour, with pay and perks from the state of dismissal. In Vishaka Vs. State of Rajasthan10: Bhanwari devi, a 50 years old social worker in Rajasthan fought the practice of child marriage as a part of her job as saathin in villages. Five men from the upper caste family of the child gang raped her in the presence of her husband. Filed a petition in the Supreme Court under the collective plateform of Vishaka, asking the court to take action against Sexual Harassment faced by women in the work place. The result was the Supreme Court

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. AIR 1996 SC 309 ; 1996 CriLJ 381 AIR SC 1995 10 AIR 1997 SC 3011 9

judgment of 1997 , popularly known as th Vishaka Guideline11, which we have discussed earlier. In Alexander v. Yale12, Alexander and Reifler alleged that they were sexually harassed by a flute teacher and hockey coach, respectively, and that Yale provided no procedure through which they could complain. Pamela Price alleged a classic case of what is now known as quid pro quo sexual harassment, when a course instructor offered to give her an ‘A’ if she complied with his sexual demands. Lisa Stone alleged that her discussions with a fellow female student who had been harassed and could not make a complaint distressed her and deprived her of the tranquil atmosphere necessary to her education. Ann Olivarius alleged that the absence of a procedure for complaining about sexual harassment forced her to expend her own time and money on helping fellow students who had been sexually harassed, and that in the course of providing that help she was threatened by individuals whom she was investigating, and that Yale failed to protect her from those individuals.At the district court level, a male faculty member and Lisa Stone's thesis adviser, John Winkler, alleged that the poisoned atmosphere arising from sexual harassment made a good relationship with his students impossible. He did not join the other plaintiffs’ appeal.The plaintiffs did not seek damages from Yale. Rather, they wanted the court to order Yale to set up a Grievance Procedure for students who felt they had been sexually harassed.Although the women did not win their case, they achieved their objectives: Yale instituted a Grievance Procedure and a court held that sexual harassment constituted sex discrimination

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(1997) 6 SCC 241: 1997 SCC (Cri) 932 : AIR 1997 SC 3011 631 F.2d 178 (2nd Cir. 1980) II. 4

CONCLUSION Despite the realization that the prosperity and growth of a nation depends upon the status and development of its women as they not only constitute nearly half of its population, but also influence of the remaining half of the population, the status is not better then ever before. Overall, the conditions of women continue to remain deplorable despite constitutional safeguards and judicial approach . It clearly indicates that a superficial acceptance of modern notions of equality of the sexes is scarcely enough to combat centuries old patriarchal ideas and institutions. It proves about that there is very little seriousness of not only the Vishakha guidelines but also the presence of complaint committee. The spirit of guidelines lies in its clause on prevention, but in most cases a complaint committee is set up only once a case has been reported. In a survey commissioned by for the national commission for women reveals poor compliance. It is a reality that many women across India face, but few have the courage to speak against it.The guidelines were laid in 1997 and in 10 years no law could be formulated and the draft bill so prepared is not also acceptable. Moral education is very important and it starts from home. If a person is morally sane then such a problem might not arise. Stricter law is necessary as well as its awareness. As said above the laws find its place in limited resources. Laws need to be told at national level so women are aware of there right. Mere warning to the accused won’t solve the matter and the employee should think for once about the women who faced it rather about its own reputation. Bhanwari Devi’s case bought sexual harassment into public glare in 1992; Vishakha guidelines in 1997 created norms before a law could be made against sexual harassment and now we have to wait for the final implementation of the sexual harassment of women at workplace bill. Ten years on, awareness has increased but without and hard-core method to completely end it. Despite the noble intention of the supreme court in issuing the above mentioned guidelines, fact remains that they are observed in breach of all the talk of the making the workplace free of sexual violence, is still a mirage. What people, whether men or woman; people inside the parliament or outside; should think about is a statement by Justice Arjit Pasayat: “While a murder destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless women”

BIBLIOGRAPHY

1. PRIMARY SOURCES:

The Indian Penal Code, 1860

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Protection of Human Rights act, 1993.

2. SECONDERY SOURCES:BOOKS:

Chief Justice A.S. Anand, Justice for Women, Universal law Publishing private limited., II edition, New Delhi, 2004.

 Harvard International Law Journal Volume 51 :- By D.K.Sirvastava

3. WEBSITES:

http://wcd.nic.in/prosthbill2007.htm

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http://www.legalserviceindia.com/articles/rape_laws.htm.

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http://www.nwnindia.org/law/bare_acts/sexualharassment

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http://indiatogether.org/combatlaw

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http://infochangeindia.org/200709206491/Agenda/Women-At-Work/Understandingtheunorganised-sector.html

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http://www.citehr.com/18649-sexual-harassment-workplace-laws-loopholes.html

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Thomsonreuters.com

4. ARTICLES 

Sadual Manoj Kumar, Sexual Harassment of women at work-place, A Critique, CLJ(2006) page no.76

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Women lawyers move Supreme Court to end harassment in courts,Dhananjay Mahapatra, TNN

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Let's all take a stand against sexual harassment by Elizabeth Broderick

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India moves to protect women from sexual harassment at work by Nita Bhalla,

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Fighting sexual harassment at work by Arshie Chevalwala, Times of India