This article is written by Ranveer Raj, a student in 2nd year of B.A., LL. B studying at Lovely Professional University, Phagwara, in this article, we discuss the Sexual Harassment of working women under articles 14 and 15 and many other aspects of it along with some case laws.
Table of Contents
Introduction
Sexual assault is an action. It is described as an inappropriate sexual activity. Whether in a developed country, a developing country, or an underdeveloped one, sexual harassment in the workplace is a ubiquitous problem. Atrocities against women are pervasive everywhere. It is a widespread issue that has an adverse effect on both men and women. It occurs more frequently among women than any other gender. No matter how hard one tries to safeguard, forbid, prevent, and provide remedies, such a violation will always occur. Women, who are seen as the most vulnerable group in society, are the targets of this crime. They must endure all these hardships because of this, starting with female feticide, human trafficking, stalking, sexual assault, and sexual harassment Because of this, they are subjected to a variety of abuses, from female genital mutilation to human trafficking, stalking, and sexual assault.
The Supreme Court first recognized the need for such laws in Vishaka v. State of Rajasthan. Since there was no law in place at the time to address the problem of sexual harassment of working women, the Supreme Court used its authority granted by Article 32 of the Constitution to create guidelines that must be followed in all workplaces and institutions until the issue is addressed by legislation. The Supreme Court adopted the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which the Government of India ratified in 1993, as well as fundamental human rights principles enshrined in Articles 14, 15, 19(1)(g), and 21 of the Indian Constitution. The principles outlined by the Supreme.
Vishakha Vs State of Rajasthan, AIR 1997 SC 3011
CJI, Sujata V. Manohar, and B. N. Kripal on the bench
Vishaka & Ors. v/s State of Rajasthan [1] is a case that addresses the heinous crime of sexual harassment of a woman at her workplace.
Facts of the case:
A woman named Bhanwari Devi lives in the village of Bhateri, which is 55 kilometres from Jaipur, in the Indian state of Rajasthan. The Women’s Development Project (WDP), which was run by the state government of Rajasthan, was set to put an end to child marriage in a hamlet when Bhanwari Devi joined as a Sathin, or grassroots worker, in 1985. She was working that day at the office to prevent the marriage of a 9-month-old daughter in Ramkaran Gujjar’s (thakurs) household. Sadly, the family falsely accused her of degrading them, but they still succeeded in getting the infant married off the next day. The five males were Ram Sukh Gujjar, Gyarsa Gujjar, Ram Karan Gujjar, and Badri Gujjar, four members of the aforementioned Gurjar family, and one Shravan Sharma, plotting revenge, attacked Bhanwari Devi’s husband when he lost consciousness and was then brutally raped by five men.
The case came to light when an article about Patrica in Rajasthan went viral and the state government decided to appeal after pressure from women’s groups and NGOs. In her 2007, 15 years after the incident, the Rajasthan High Court held only one hearing on him in the case, leaving two defendants dead. This prompted women’s groups and NGOs and a women’s rights group called ‘Vishaka’ to come together with four other organizations to petition against the brutal gang rapes. The PIL was submitted by a women’s rights group called ‘Vishaka’. Along with his four other organizations that have come together and petitioned to oppose this brutal gang rape, he has committed himself to the work of the people at work, as defined in Articles 14, 15, 19 and 21 of the Indian Constitution. emphasized the exercise of women’s human rights.
Judgement of the case
Judgment in the Vishakha case was rendered by Chief Justice J.S Verma on behalf of Justices Sujata Manihar and Justice B.N Kripal in response to a written petition filed by Vishakha, the victim of the case. The Court held that the fundamental rights under Sections 14 [2], 19 [3] (1) (g) and 21 [4] of the Constitution of India are the right of workers to engage in any occupation, trade or profession. Acknowledged that safe and secure work should be provided. environment. It violated the right to life and the right to a decent life. A basic requirement was the presence of a safe working environment at the workplace.
The Supreme Court has ruled that women have a fundamental right against sexual harassment in the workplace. It also suggests various key guidelines for employees to follow and avoid sexual harassment of women in the workplace. The court also proposed to have the appropriate technology to conduct cases involving sexual harassment in the workplace. was to make it
In the wake of this case, the Supreme Court clarified the term sexual harassment and accordingly defined physical contact or conduct, pornographic display, offensive provocation or cheating or sexual desire toward women, and sexual favours as Included in the scope of sexual harassment.
Articles 14 and 15
- States shall not deny equality before the law or equal protection under the law within the sovereign territory of India.” This means that all persons residing in Indian territory have equal rights before the law. 2. Equal protection of the law. Privileges in favour of each individual and equal submission of all property to common law. Equal protection of the law is a positive concept because it implies equal treatment in equal circumstances, both with respect to privileges granted and obligations imposed. Therefore, any reasonable classification must treat all individuals equally.
- Prohibition of discrimination based on religion, race, caste, gender or origin
- (1) States shall not discriminate against citizens on the grounds of religion, race, caste, sex, place of birth, or any of these.
- (2) Citizens shall not be subject to disability, liability, limitation or condition solely because of religion, race, caste, sex, place of birth, or any of these.
- (a) access to shops, public restaurants, hotels and public entertainment venues; Also
- (b) use of fountains, tanks, baths, roads, and public recreational facilities maintained wholly or in part with government funds or serving the public;
- (3) Nothing in this section shall prevent States from making special provisions for women and children.
- (4) Nothing in this section or in section 29(2) shall be used by the State to promote the socially and educationally backward class of citizens or to specialize for registered castes and registered tribes. This does not preclude taking appropriate measures.
Constitutional provisions are mentioned in the Indian constitution
- Articles 14, 15, 19, and 21 of the Indian Constitution guarantee equality, non-discrimination, the right to a job and a livelihood, and the right to live in dignity.
- Sections 354 (now A, B, C, & D), 376 (now A, B, C, & D), and 509 of the Indian Penal Code establish punishments for insulting a woman’s modesty and rape.
- The revised provisions now cover more serious incidents and provide protection for women who are in the custody, care, or control of different people.
- To safeguard young victims, the POCSO Act was passed into law.
- Act Against Incestuous Representation of Women.
Conclusion
In this century it is very important to have a gender-sensitive workplace that meets the needs of employees, especially those of women. Enforcement of sexual harassment laws ensures a safe and healthy working environment for women. It is an employer`s duty to provide a safe working environment for everyone, especially women. Businesses need to take their corporate responsibility seriously, but they need to provide a safe, harassment-free environment for all women. Sexual harassment of women in the workplace is very common in India. If no strict action is taken against this crime, it will not only directly affect the distribution of women’s labour force in India but also affect the economic situation in India.
Governments should enact strict laws to prevent sexual harassment in the workplace. Because we must recognize that women also make up our working population. It should be abolished as it hinders the dignity and respect of women. Various new approaches and skills will be implemented by agencies and organizations to protect female employees from such social evils. The main goal behind this rights stabilization is to promote gender equality in the workplace without any form of discrimination or judgment among the employees of the organization.