Legal Guide

Things to Know About Sexual Harassment Of Women at Workplace Act 2013

by Suryansh Kumar · 3 min read

Sexual Harassment Of Women at workplace act, 2013

Introduction

Due to gender-based discrimination in society, women are placed in a disadvantageous position over men. Women in their lives go through various types of exploitation, be it social, economic, physical, sexual, or psychological. Society is predominantly male-dominated; whatever men think is considered right and a path of virtue. It is the Indian Constitution that brought the concept of gender equality and justice which is a matter of legal consultation. Various Legal rights are given to women. 

The Sexual Harassment of Women at workplace act 2013 was brought to empower working women in cases of sexual harassment in workplaces. 

  • This act is also called as POSH Act. 
  • It talks about Prevention, Prohibition, and Redressal. 
  • Right to work protects women’s rights to feel safe in the workplace. 

An Overview of Sexual Harassment Of Women at workplace act, 2013 

  • What is sexual harassment – do there has been no specific definition of the word mentioned; however, in the case Visakha versus the state of Rajasthan, it was held that under the sexual harassment of women at workplace act, 2013 is 
  1. Physical touch.
  2. Request, demand, or command for sexual favors.
  3. Remarks which are sexual. 
  4. Flashing or showing pornography. 
  5. Any sexual conduct is not welcomed. 
  • Article 14 of the Indian Constitution talks about the equality which is given to every citizen under the law of the country. This article legally gives women the right to have a safer workplace. To bring the value of the constitution, the sexual harassment of women at workplace act 2013 was enacted. 
  • It was in the case of Visakha versus the state of Rajasthan that the Supreme court of India made Visakha guidelines to protect the rights of a woman who is being arrested workplace. Following these guidelines, only the sexual harassment of women at the workplace Act 2013 was made. 
  • What are Vishaka guidelines? – The Vishaka rules were founded because of the series of instances of lewd behavior that were enlisted and the conventions and missions that were occurring consistently by different gatherings who were looking for assurance of ladies in India.
  • After the Bhanwari Devi rape case, numerous ladies bunches came on roads requesting acknowledgment of their privileges as residents of India and encouraging the public authority to make vital moves to forestall abuse of ladies in working environments.
  • Around then, the overall set of laws of our nation didn’t have legitimate regulations that could guarantee the security of ladies in working environments and give just and fair discipline to individuals who enjoy the shocking violations of assault and inappropriate behavior as per the Sexual Harassment Of Women at workplace act, 2013.
  • The guidelines that were given by the overall set of laws at the time were, in many cases, utilized by the ones who were blamed for Physically Annoying the ladies for their potential benefit, as per the Sexual Harassment Of Women at workplace act, 2013.
  • Likewise, there was no standard concerning the commitment of the boss to offer help and help to his work who is a survivor of inappropriate behavior. The businesses would toss these ladies’ casualties out of the tasks to get away from the risk and further results. This would leave the casualty irredeemable and unstable as per the Sexual Harassment Of Women at workplace act, 2013.

Definitions under Sexual Harassment of Women at Workplace Act, 2013

  • Section 2(n) of the Sexual Harassment Of Women at workplace act, 2013 has defined sexual harassment as 
  1. A promise of treatment that is partial, 
  2. A threat, 
  3. Interference, 
  4. Humiliating, 
  • Every mentioned here gains some sexual preferences from the female worker in return. 
  • Section 2(f) of the sexual harassment of women at workplace 2013 defines the term employees as regular temporary or an ad hoc one. Concerning the section, it has been described as any individual working, whether on a daily wage basis, agent, co-worker, trainee, intern, etc., on the basis voluntary or otherwise. 
  • section 2(o) of the sexual harassment of women at workplace Act 2013 talks about the Vishakha guidelines related to the concept of the workplace. 

Punishment and Compensation under the Sexual Harassment Of Women at Workplace Act, 2013

  • There must be rules and regulations within the association; disciplinary activity might incorporate a composed statement of regret, advance notice, censure, rebuke, keeping of advancement, keeping of pay rise or augmentation, ending the respondent from administration, going through a guiding meeting, or performing local area administration; and
  • Punishments will be given according to the organization’s rules and regulations. 

Likewise accommodates remuneration for wronged ladies. In deciding remuneration, the accompanying variables should be considered as per the sexual harassment of women at workplace act, 2013- 

  • Impacted the representative’s psychological injury, agony, enduring, and profound pain;
  • The deficiency of the profession opens doors brought about by inappropriate behavior, which leads to these types of incidents.
  • Physical and emotional wellness treatment costs caused by the person in question will be repaid by the culprit under section 15 of the sexual harassment of women at workplace act, 2013. 
  • Whether the supposed culprit has a big-time salary or a high status, it doesn’t matter if the inquiry has given a judgment punishment or compensation will be given under the act sexual harassment of women at workplace act, 2013.
  • Both single amount or portion installments are possible under the sexual harassment of women at workplace act, 2013. 
  • A disappointment by the respondent to pay the previously mentioned total will bring about the IC sending the request for recuperation to the Region Official concerned under the sexual harassment of women at workplace act, 2013.

Conclusion

Sexual harassment of women in the workplace Act 2013 talks about the development of women’s rights and empowerment in modern-day society. Crime against women has always been there in society; with the help of these progressive laws, various kinds of crime can be brought down. Sexual harassment of women at workplace Act 2013 has encouraged women from all over India to report cases of harassment, and these matters are subject to legal consultation. 

Sexual harassment of females worker is a common crime in Indian society. To know more about the procedure for filing a suit in court, take legal advice from a lawyer.

Suryansh Kumar

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Suryansh Kumar

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