Sexual Harassment at Workplaces Lawyers
Common Questions on Sexual Harassment at workplace
What is Sexual Harassment at work place?
Sexual harassment refers to the uninvited behaviour of a sexual nature. As per Section 354 (A) of the Indian Penal Code, men pressing uninvited and explicit sexual suggestions, or requesting/demanding favours for sex, or committing physical contact, or presenting pornography against the woman’s wishes, are liable to have committed sexual harassment.
Every company keeps a Sexual Harassment at Workplace Lawyers to handle such matters.
Governing Laws of Sexual Harassment at work place -
Brief History of policies relating to Sexual harassment in India:
Prior to 1997, the legal provision for addressing complaints related to sexual harassment was Section 354 of the Indian Penal Code 1860 which dealt with the ‘criminal assault for outraging a women’s modesty’.
In the 1990’s, Mrs. Bhanwari Devi tried to stop child marriage in accordance with her duties being associated with the Women Development Programme. Certain sections of the society did not take this well and responded with raping her. Eventually Rajasthan High Court allowed the defendants to go free. Then a PIL in context of Bhanwari Devi’s case was filed in the Supreme Court, which led to the formation of Vishaka guidelines, which drew inspiration from the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) . These guidelines were to be used in instances of sexual harassment till the time a legislation came into force. These guideline have now been superseded by a statute.
Some Features of the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
Where to file such Complaint at workplace?
In case of Sexual Harassment workplace complaints are to be made before an ‘Internal Complaints Committee’ to be set up by an employer in every workplace which would look into matters pertaining to complaints of harassment. There is also the functioning of a ‘Local Complaints Committee’ set up by the district officer for organisations that do not have an ‘Internal Complaints Committee’ due to having less than ten workers, for purposes of looking into complaints of sexual harassment at workplaces.
Consulting an expert sexual harassment at workplace lawyer is very important.
Punishment for Sexual Harassment at Workplace-
Sexual Harassment- Rigorous imprisonment which may extend to 3years or fine or both.
Irrespective of the workplace it is important to be aware of the rules and regulations. There are strict laws to address any such issues. Experts in sexual harassment at workplace lawyers can provide the right guidance required in such matters.
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