The Need for Gender Neutral Law on Sexual Harassment at work place A Legal Study

Abstract

ABSTRACT newlineEvery employee looks forward to a safe working environment which is free from any type newlineof harassment. However, in the past few years many employees have faced harassment at newlinetheir workplace which has sexual overtures. This has been a subject of several studies and newlinesexual harassment of women at workplace has also compelled several countries to legislate newlineupon this as a separate Act or as part of their penal or labour laws. newlineThe researcher in this study has traced the historical evolution of this global problem and newlinehas also analysed the various measures taken by countries to combat sexual harassment at newlineworkplace. United Nations has addressed this issue through its conventions, instruments, newlineinitiatives and conferences. This has made countries to embrace provisions in their newlinemunicipal laws as well. newlineWhile there is no doubt that women are more vulnerable victims to sexual harassment, this newlinestudy has also analysed instances of male sexual harassment and the apathy faced by the newlinetransgender. The need to protect students against sexual harassment in the higher newlineeducational institutions irrespective of their sex has been discussed elaborately under the newlinebackdrop of the availability of a legislation to all children under 18 years of age which newlineprotects them against sexual harassment. newlineThe Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) newlineAct, 2013 has been analysed exhaustively to ascertain the need to provide protection only newlineto women employees and also the need for a dual protection for the same offence under the newlineIndian Penal Code. Lacunae in the present legislation have been critically analysed. newlineEmpirical research with qualitative and quantitative methods was conducted to ascertain newlinethe need for a gender-neutral law against sexual harassment at the workplace. All the newlineanalysis and study have finally culminated in the findings. Recommendation with a few newlinedraft provisions have been suggested thus making this study a unique one since no study newlineof a similar nature has been carried out in India and which contributes to the society by newlineaddressing an issue which is the need of the hour.