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           Defining Sexual Harassment

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. Employer’s 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 Do’s and Don’ts:


 
                             
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