ABSTRACT
In an era of globalization, it is disheartening to see that the treatment of women has not evolved at a similar rate. Societal perceptions of women remain entrenched in stereotypes regarding acceptable behaviour, and the workplace is no exception to this prevailing mind set. This paper explores sexual harassment against women in the workplace as a serious form of gender discrimination and a violation of human rights, framed within the context of ILO discrimination. Sexual harassment is against the constitutional rights which is guaranteed in Articles 14 and 15 and 21 of the Indian Constitution that includes right to life and to live with respect. The roots of this issue can be traced back to the Banwari Devi case, and the landmark judgment in Vishaka vs. Union of India in 1997 is also examined, where the Supreme Court issued guidelines aimed at preventing sexual harassment in the workplace and a special law was enacted on 2013 to address the issue of sexual harassment that women face in their workplaces. This article seeks to address the challenges faced by working women in their professional environments and the factors contributing to the low employment rate.
Keywords: women, sexual violence, workplace, harassment, discrimination, acts, challenges.
INTRODUCTION
In early days, Indian Women were engaged in household works and looked after their family. They were not allowed to go outside for earning income. . But in modern era women have come out of homes and established an identity of their own. At present women are contributing more for the development of the country. Employment gives economic status for women and thereby giving social status to them. In the era of globalization women are vulnerable to intense exploitation, they are exposed to more and more risks and; they are exposed to endure more and more stress and strain both physical and mental. Women have been facing sexual harassment at workplace across the world from centuries. Sexual harassment has been recognized as the most intimidating, degrading and worst form of violence. In the workplace it creates a hostile work environment and reinforces the perception of subjugation and suppression of women in all area of their life. It adversely affects the socio economic status of women empowerment. Sexual harassment is a serious manifestation of sex discrimination and violation of human rights.The Honourable Supreme Court initially recognized the need for such legislation in the case of Vishaka v State of Rajasthan[1]. At that time, there was no existing law to address the serious issue of sexual harassment of women in the workplace. In response, the Hon’ble Supreme Court exercised its authority under Article 32 of the Constitution to issue guidelines for workplaces and organizations. The Supreme Court integrated fundamental human rights principles from the Constitution of India, specifically Articles 14, 15, 19(1) (g), and 21, along with the requirements of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which the Government of India ratified in 1993. The Court’s recommendations were recognized as law under Article 141 of the Indian Constitution.
Sexual harassment in the workplace violates fundamental rights of women, such as the right to equality and freedom.It creates an unpredictable and intimidating environment that discourages women from taking initiative, ultimately hindering their financial independence and overall development[2]
[1]AIR 1997 SC 3011
[2]Sahu, A. (2018). Combatting Sexual Harassment of Women at Workplace. International Journal of Trend in Scientific Research and Development, Volume-2(Issue-3), 2239–2242. https://doi.org/10.31142/ijtsrd12745