Defining Sexual Harassment
The Supreme Court determined that
sexual harassment is not confined to instances of rape or assault; instead, it can
include "such unwelcome sexually determined behaviour (whether directly or by
implication) as: physical contact and advances; a demand or request for sexual favours;
sexually coloured remarks; showing pornography; and any other unwelcome physical, verbal
or non-verbal conduct of a sexual nature."
Prevention of sexual harassment at the
work place:
Sexual Harassment must be taken care of in work places. Do remember that the Constitution
of India requires the State to make provisions for securing just and humane conditions of
work and for maternity relief. Provide for the same in the work places for the
workingwomen. Employers need to take precautionary measures to safe guard the rights
of women employees in the organization. Here are some fundamental rights that women have
under the Constitution:
- Right to Gender equality.
- Right against discrimination on grounds of
sex.
- Right to practice any profession or to
carry out any occupation, trade or business.
- Right to Life and Liberty.
Article 51A(e) of the Constitution states
'sexual harassment' as:
Sexual harassment includes such unwelcome sexually determined behaviour whether directly
or by implication, as:
- Physical contact and advances
- Demand or request for sexual favours
- Sexually coloured remarks
- Showing pornography;
any other unwelcome physical, verbal or
non-verbal conduct of a sexual nature."
The following are some Dos and
Donts:
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