The Objectives and the Applicability of the Legislation – The Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is considered as one of the landmark and impactful legislations in India.
India ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1993. This Act is a step towards giving effect to this convention, more specifically Article 11 of the Convention, which provides for elimination discrimination against women in the field of employment and ensuring protection of women from sexual harassment and their right to work with dignity.
The Constitution of India also has embodied certain rights as fundamental rights. Equality as a fundamental right under Articles 14 and 15. The Constitution prohibits
discrimination in any form, on any grounds. The right to practice any profession is another fundamental right under Article 19. It gives the Indian citizens freedom to practice any profession or to carry on any occupation, trade or business. This is interpreted to include enabling, safe and secure work environment. Right to life and personal liberty is another fundamental right under Article 21, which includes right to live with dignity.
As reaffirmed by the Supreme Court of India, in the famous Vishaka case [Vishaka & Ors. v/s State of Rajasthan & Ors. 1997 (7) SCC 323] sexual harassment at workplace is not
only discrimination against women, it also violates the fundamental right to equality and right to life & personal liberty.
The journey of the Bill started from title “Prohibition of Sexual Harassment at Workplace Bill” to “The Protection of Women against Sexual Harassment at Workplace Bill” and then to “Prevention of Sexual Harassment against Women Bill”. It was finally called “The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill” to highlight all the objectives of the legislation. The legislation has three-fold objectives – i) protection against sexual harassment of women at workplace; ii) prevention of sexual harassment and iii) redressal of complaints.
After being passed in both houses, the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 Act received assent of the President on 22 nd April 2013. It was brought into force on 9 th December 2013.
It is very interesting to note that the Act was applied to whole of India right from day one without any exception. This is a very notable step, as in past, most of the legislations
were made applicable to whole of India except for then state of Jammu & Kashmir. This shows the seriousness of the legislature to provide protection to women at workplace in each and every part of the Indian territory.
Adv. Sayali Ganu Dabake
Founder Partner
LexonomiX
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