A Critical Analysis of Laws Relating to Safety of Women at Workplace
Chanakya National Law University, Patna, India
Volume II – Issue I, 2020
It has been years since India regained her freedom and we made a promise to ourselves to reinstate India to its former glory and embarked upon a journey to become a developed nation .We resolved to promote among us fraternity assuring the dignity of the individual and unity and integrity of the nation.The fathers of our constitution bestowed upon every citizen of India, equal rights and opportunities, especial provisions were made regarding women ,since they had been a neglected and undermined population of our country .We signed and adopted several International conventions aimed at alleviating the situation of women. Ideals like ‘Democracy’ and ‘rule of law’ were to be our guiding light. To a great extent, we have succeeded in our resolve. However, frequent acts of persecution towards half of our population i.e. women, casts a serious doubt upon the credibility of the claim.. Over the years, cases of sexual harassment of women at workplaces have increased drastically. These harassments are nothing but a violation of the rights of women as enshrined under Articles- 14, 15, 19 (1) (g) and 21 of the Constitution of India.
The Supreme Court in Vishakha & Others v. State of Rajasthan & Others gave certain elaborate guidelines to be followed by the employer to ensure the safety of women employees. These guidelines, though promising, were devoid of any legal backing and filled with certain technical loopholes. It was long afterwards in 2013 that “The Sexual Harassment of Women at Workplaces (Prevention, Prohibition and Redressal) Act, 2013 was passed by the Indian Parliament.
The following research aims to analyse the prevalence of cases of sexual harassment and the technical flaws and effect of the enactments aimed to curb it. It follows the doctrinal mode of study and uses a variety of qualitative and quantitative data for purpose of analysis..