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EVOLUTION OF SEXUAL HARASSMENT LAWS IN INDIA: A COMPREHENSIVE REVIEW

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This article is written by Kratiney Goel of 8th Semester of  BBA LLB Hons of Christ University Delhi NCR, an intern under Legal Vidhiya

Abstract

This article presents a comprehensive review of the evolution of sexual harassment laws in India, examining their historical trajectory, legislative developments, key judicial interpretations, and societal impact. Beginning with an exploration of early legal provisions and landmark cases, it traces the progression of laws addressing sexual harassment, culminating in the landmark Vishaka guidelines and the subsequent enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. The study analyses the efficacy and limitations of these laws, highlighting the challenges in their implementation and suggesting potential areas for improvement. Furthermore, it scrutinizes the socio-cultural factors influencing the interpretation and application of these laws, acknowledging the evolving societal attitudes towards sexual harassment. By synthesizing legal frameworks, case law, and societal dynamics, this review aims to provide a comprehensive understanding of the evolution and current status of sexual harassment laws in India, emphasizing the need for continued vigilance, awareness, and legal reforms to ensure effective redressal and prevention of sexual harassment.

Keywords

Sexual Harassment, Employee, Employer, Aggrieved Woman, POSH Act, Internal Committee, Local Committee, Protection of Women, Complaints Committee. Vishaka Guidelines, Sexual Harassment of Women at Workplace Act, 2013, Cultural perceptions, Intersectionality, Workplace environment, Societal transformations

Introduction

Sexual harassment is a common issue that affect the life of the individuals across various spheres. In India, the evolution of sexual harassment laws can be traced back to both legislative and judicial interventions. This research article aims to provide a comprehensive analysis of the development of sexual harassment laws in India, examining the legislative milestones and significant judicial pronouncements that have shaped the legal framework in this area. This incorporates calling each day for work and hold her for over the top hours, also, gazing all over, bosom, neck, eye and other part of the body; rehashed undesirable welcome for  supper, beverages and films, proposition for physical closeness starting with unobtrusive insights which may prompt obvious solicitation for dates or sexual intercourse, sexual support, requiring to wear sexiest and uncovering or suggestive saree, suit, dress and to embrace suggestive haircut, lipstick and so on.

Definition of Sexual Harassment

Sexual harassment as defined in the landmark case of Vishaka v. State of Rajasthan  in this case Supreme Court defined sexual harassment as follows:

“Sexual harassment” includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) as:

(a) Physical contact and advances;

(b) A demand or request for sexual favours;

(c) Making sexually coloured remarks;

(d) Showing pornography;

(e) Any other type of physically, verbally or non-verbally conduct of sexual nature;

Where any of these things are submitted in circumstances under which the casualty of such direct has sensible fear that in connection to the casualty’s livelihood or work (whether she is drawing pay, or honorarium or willful administration, whether in government, open or private venture), such lead can be embarrassing and may constitute a wellbeing and security issue, it adds up to sexual harassment at workplace. It is oppressive, for instance, when the woman has sensible grounds to trust that her complaint would disservice her regarding her job or work (counting selecting or advancement), or when it makes a threatening workplace. Unfriendly outcomes may be gone to if the casualty does not agree to the behaviour being referred to or raises nature any protest thereto.

Sexual Harassment laws evolution in India

The Indian Penal Code, 1860

The Indian Penal Code (IPC) plays a crucial role in addressing and combatting sexual harassment through various sections, notably Sections 354A, 354B, 354C, and 354D. These provisions were incorporated to explicitly define and penalize different forms of sexual harassment, encompassing acts like physical contact and advances involving unwelcome and explicit sexual overtures, voyeurism, stalking, and other related offenses.

Vishaka Guidelines, 1997

The landmark Supreme Court judgment of Vishaka v. State of Rajasthan (1997) recognized sexual harassment as a violation of fundamental rights under Articles 14, 19, and 21 of the Indian Constitution. In the absence of legislation, the court formulated guidelines known as the Vishaka Guidelines to address sexual harassment at the workplace. These guidelines emphasize the prevention, prohibition, and redressal of sexual harassment, along with the implementation of mandatory internal inquiries.

These constitutional rights served as the guiding principles behind the formulation of the Vishaka Guidelines. They underscored the importance of equality, freedom from harassment, and the right to live with dignity, laying the foundation for a workplace environment that upholds these fundamental rights for all individuals, particularly women.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, in India. It aims to prevent and address sexual harassment at workplaces.

This Act mandates the formation of Internal Complaints Committees (ICCs) in workplaces with ten or more employees. These committees are responsible for handling complaints of sexual harassment, ensuring a fair and confidential inquiry, and providing a safe platform for the complainant to address their grievances.

The POSH Act emphasizes the importance of creating a work environment that is free from sexual harassment, offering mechanisms for redressal and protection against retaliation for those reporting incidents. It defines various forms of harassment, including verbal, non-verbal, or physical conduct of a sexual nature that creates a hostile or intimidating work environment for women.

Compliance with the POSH Act involves raising awareness among employees about their rights, obligations, and the procedures to report incidents of sexual harassment. Employers are required to conduct regular awareness programs and maintain records of complaints and their resolution.

Overall, the POSH Act plays a crucial role in promoting gender equality and ensuring a safe and respectful workplace for women by establishing clear guidelines and mechanisms to address instances of sexual harassment.[8]

Amendments to the POSH Act, 2020

The POSH Act underwent significant amendments in 2020 to strengthen the existing legal framework. These amendments expanded the definition of “aggrieved woman” to include transgender persons and introduced provisions for online sexual harassment. The amendments also enhanced penalties for non-compliance with the Act, ensuring stricter enforcement.

These are just some of the proposed amendments, and the final form of any official changes is still unclear. However, the focus seems to be on stricter penalties, wider coverage, better implementation, and adapting to the evolving nature of work and harassment.

Jurisprudence on Sexual Harassment

Various judicial pronouncements have played a vital role in shaping the interpretation and implementation of sexual harassment laws in India. For instance, the Supreme Court’s judgement in Apparel Export Promotion Council v. A.K. Chopra (1999) extended the application of the Vishaka Guidelines to include sexual harassment complaints filed after the date of the judgment. Additionally, the court recognized that the POSH Act cannot be viewed in isolation, and it overrides any inconsistent service rules or regulation[9]

Landmark Cases and their Impact

Conclusion

The evolution of sexual harassment laws in India reflects a multifaceted journey marked by legislative milestones, judicial interpretations, and societal transformations. From the foundational Vishaka Guidelines recognizing sexual harassment as a violation of fundamental rights to the enactment of the Sexual Harassment of Women at Workplace Act in 2013 and its subsequent amendments in 2020, India’s legal framework has progressively addressed various forms of harassment.

However, despite these advancements, challenges persist in implementation and inclusivity. The complexity of workplace dynamics, cultural perceptions, and intersectional vulnerabilities demands continual vigilance and adaptability in legal provisions. The widened scope of the 2020 amendments to encompass transgender individuals, remote workspaces, and online harassment signifies a crucial step towards inclusivity and adaptability in the face of evolving societal landscapes. The jurisprudence surrounding sexual harassment, illustrated by landmark cases like Vishaka, Apparel Export Promotion Council, and Bhanwari Devi, has not only interpreted laws but also set precedence for a proactive approach in addressing and preventing harassment. These cases underline the significance of employer accountability, the broad definition of the workplace, and the need for cultural sensitivity in addressing harassment issues.

In conclusion, while India’s legal framework has made strides in addressing sexual harassment, a concerted effort involving comprehensive implementation, heightened awareness, and continuous reforms is imperative. An inclusive, robust legal framework coupled with proactive measures in workplaces and society at large is pivotal to fostering a culture of respect, equality, and dignity, ensuring a safer and more equitable environment for all individuals, irrespective of gender or social status.

References

[1] Indian Penal Code,1860e § 354A, No. 1, Acts of Parliament, 1860 (India).

[2] Indian Penal Code,1860e § 354B, No. 2, Acts of Parliament, 1860 (India).

[3] Indian Penal Code,1860e § 354C, No. 3, Acts of Parliament, 1860 (India).

[4] Indian Penal Code,1860e § 354D, No. 4, Acts of Parliament, 1860 (India).

[5] INDIA CONST. art. 14

[6] INDIA CONST. art. 19

[7] INDIA CONST. art. 21

[8] Ministry Of Women And Child Development, Handbook on Sexual Harassment of Women at Workplace 17 (2015)

[9] Ministry Of Women And Child Development, Handbook on Sexual Harassment of Women at Workplace 17 (2015)

[10] Vishaka & Ors. V/S State of Rajasthan (Air 1997 Sc 3011)

[11] Apparel Export Promotion Council v. Chopra, A.I.R. 1999 S.C. 625

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