Sexual harassment : Comparative legal analysis


Sexual harassment is the act of making unwanted and inappropriate sexual remarks or physical advances in a professional or social setting, such as the workplace.It is forbidden to make unwanted sexual advances toward a candidate or employee. Unwelcome sexual advances, requests for sexual favours, and other forms of verbal or physical harassment of a sexual character can all be considered harassment.

However, harassment is not always of a sexual character and can involve insulting comments made regarding a person's sex. For instance, it is unlawful to harass a lady by disparaging women in general.Both the victim and the harasser may be of either sexes, and they may even be of the same gender.

In India, only a few number of rights are inalienable and guaranteed from the moment of birth. The human rights act defines some rights, including those connected to life, liberty, equality, and dignity, which are guaranteed by the constitution or upheld by Indian courts and mentioned in a number of international treaties. Sexual harassment constitutes a violation of the ability to live in dignity, which is a fundamental human right.

Under Indian law, the provisions against harassment are outlined in great detail. 

As a result, article 15 states that nothing in this section shall preclude the State from adopting any particular provisions for women and children, meaning that this clause grants the legislative branch the authority to enact special laws or regulations for the protection of women and children. 

In India, the laws are quite few for men and quite intriguing for women. In the drafting of laws addressing sexual harassment, there is a lot of gender prejudice.

The preservation of women's human rights is inherently safe when the right to protection against sexual harassment is acknowledged. Step toward providing women with freedom, equality of opportunity, and the right to a dignified workplace is the major aim .

Workplace sexual harassment is illegal. Gender discrimination in the workplace is not acceptable and should not be practised by women. In order to increase employee productivity, it obliges the employer to provide a harassment-free workplace for women. Since the case may be, suggested exceptions, the right and opportunity to explicit, improved, and fair working conditions, and an independent and honest system of studies are all crucial elements of a robust system.


WRITER: ABHILASHA RAI

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