05 - Chapter 1
05 - Chapter 1
CHAPTER - 1
INTRODUCTION
part of sexual assaults on women is said to be the way that the attack is by all
accounts coordinated against the female species all in all, and not against individual
woman or even women of a sexually dynamic age. The perspective on ladies as sex-
object is excessively solid to the point that a female of all ages is responsible to be
exposed to sexual assault. It tends to be seen from different episodes across the world
that there is an inconceivably wide age scope of the victims of sexual savagery- from
multi month child to 83 year elderly person. The broad communication inclusions, or
expanded in the course of the most recent couple of years. This brings up a significant
issue regarding whether this mirrors an overall ascent in the episode of violations
absolute instances of savagery against women, just a division is accounted for to the
police, and once more, just a little proportion of these cases get media exposure, for
the most part contingent on their thrilling person. In our nation where by far most still
lives in rustic regions and is generally unskilled, savagery against women announced
in the media to a great extent covers the metropolitan populace and accordingly in
exceptionally halfway. Women are sexually irritated sometimes prior to there was a
phrase for it. Women functioning in home have been focuses on sexual maltreatment
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Chapter – 1: Introduction
There are different kinds of wrongdoing against women in the general public yet the
most terrible one among them is the unwanted sexual advances. A sexual
progressively.
universally as scary and the most abusing types of brutality since long. Sexual
workplaces. Sexual harassment regularly falls under two classes, viz. “Quid pro quo
Under “Quid pro quo (this for that)” type of harassment an individual or authority,
generally the holder of predominant character over the victim, requests sexual
character at work establishes such a work environment through verbal or actual lead
that meddles with someone else's work execution or establishes the workplace
home pride.
Sexual harassment harms the actual body as well as rips off the spirit of the woman. It
has been precisely said by Justice Arjit Pasayat, “While a murderer destroys the
physical frame of a victim where a rapist degrades and defiles the soul of helpless
women.” There are different sorts of sexual offences against women. The issue of
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Chapter – 1: Introduction
rape has turned into a political issue and that in it ought to be a replica for women
from corner to corner of the world. The issue of rape isn't the sole problem of India
alone. UN reports shows that the United States, Sweden, and different countries in the
worldwide North have bigger quantities of rape cases. In 2012, a review led in New
Delhi and observed that “92% of women announced having encountered some type of
sexual viciousness out in the open spaces in the course of their life, and 88 percent of
women revealed having encountered some type of verbal sexual harassment in the
In the present day, in India, the opposition of women against sexual brutality is more
noticeable than any other time in recent memory. A specific episode featuring the
predicament of women might be brought up by the media and the power to enforce
bodies and government to act. Later it has been observed in many such cases like,
from „Nirbhaya Case‟ to that of „Tehelka Case‟. That whether the way that law ought
to be implemented in a sovereign state is happening? Are the main violations that are
going to be punished, be just the ones out of which political mileage or media
Most likely there are a few laws passed to forestall the unwanted sexual advances and
different associations are working to raising the mindfulness and understanding on the
unwanted sexual advances issues. At this urgent stage, there lies a quick need to
discover the reasons for the development of unwanted sexual advances cases, to
examine the outcomes and analyze the implementation of the present authoritative
ideas chasing after forestalling the evil of the sexual harassment in India.
1
UN Women (2013); https://www.unwomen.org; Accessed on 07.12.2019
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Chapter – 1: Introduction
The human beings, living in the 21st Century, feel proud of the advancement of
science and technology of the country and India is one of the most powerful country
of the world. India has achieved many things externally in the world but in certain
cases India becomes weak to resolve the internal matters as well. For, the main factor
People talked about science and technology but they are not willing to accept the
empowerment of women. Because the people still believe in patriarchal society. They
In the 21st century, people are able to adopt domestic animals as pets like dogs and
cats etc. but contrary to it, they ignore to accept or marry a rape victim or any other
victims of offensive sexual advances. Society call a victim of sexual harassment a slut
and nobody want to accept them. If a person marries a fatality of sexual exploitation
or any other crimes, it becomes national news but in case of a man, the society forgets
all the facts. But, they will not take lessons from any inspiring incidents.
society called him „mard‟ (real man). People suppress the women, whatever the case
The Indian legislatures made various laws relating to the “prevention of sexual
amendment. The students studying in various colleges and universities are aware
about the law relating to sexual harassment. The main causes for not controlling the
sexual harassment cases in India are the lack of awareness and patriarchal structures
in every sector.
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Chapter – 1: Introduction
This exploration/ research concentrates on cover every one of the angles identified
(Prevention, Prohibition and Redressal) Act, 2013” and its importance in the existing
of Indian culture. This exploration would cover the entire region which expresses the
provisions made by governing body and legal approach for understanding of these
laws for the anticipation of unwanted sexual exploitation at workplace. So with the
assistance of different case laws, the researcher would dissect this thought in Indian
laws.
women at workplace.
various countries.
workplace.
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Chapter – 1: Introduction
2) Whether the Indian Laws are sufficient for controlling the issue of sexual
5) Whether judicial response can control the crimes relating to sexual harassment
at workplace?
information has been provided to make the postulation significant and sensible at
whatever point needed since work. This review depends on the „Doctrinal Research‟
along these lines, essential and optional sources have been utilized to reach at the
Women at workplace (Prevention, Prohibition and Redressal) Act, 2013.” The current
utilizing various wellsprings of material with the assistance of primary and secondary
sources. The research work based on constitutional provisions, Act and Statutes,
Decisions of Supreme Court and various High Courts along with cross cultural
process on the issue of sexual harassment at workplace. The primary sources like
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Chapter – 1: Introduction
reports, reports from government authorities including gazette notifications are the
premise of the study. The secondary data is gathered structure books identified with
having reference to the current review. Further, the utilization of the web by visiting
various sites with the assistance of different web indexes for gathering applicable
information‟s from those sites of the world everywhere relating to the investigation of
this subject. The review is doctrinal in nature; subsequently the discoveries and ends
Since the scope of sexual harassment of women is very wide. The researcher limited
his research solely on sexual harassment at workplace. To meet the goal of the
research, the researcher tries to cover the rights of women guaranteed by Indian
Constitution and lewd crimes against women defined by Indian Penal Code.
The researcher has confined the study with reference to 15 countries namely- Algeria,
Africa, Spain, Sri Lanka, Turkey, United Kingdom and Zimbabwe only. The
researcher mainly focused the legislative frameworks with special reference to Sexual
2013. This study also focused the judicial frameworks developed by Indian judiciary
into three stages i.e. Pre-Vishaka; Vishaka and Post-Vishaka. The researcher also tried
to find out different types, causes and impact of sexual harassment of women through
literature review. Along with this study covers different definitions on sexual
doctrinal in nature. The researcher used mainly secondary data to complete the study.
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Chapter – 1: Introduction
Sexual Harassment:
According to Section 354A of Indian Penal Code, 1860, when a man is committing
overtures; or
harassment.
Aggrieved woman:
Redressal) Act recognizes the right of every woman to a safe and secure workplace
environment irrespective of her age, employment or work status. Hence, the right of
all women working or visiting any workplace whether in the capacity of regular,
temporary, ad hoc, or daily wages basis is protected under the Act. It includes all
without the knowledge of the principal employer. They may be working for
trainee, apprentice, or called by any other such name. The Act also covers a woman,
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Chapter – 1: Introduction
A workplace is defined as any place visited by the employee arising out of or during
undertaking such a journey. As per this definition, a workplace covers both the
It also includes all workplaces whether owned by Indian or foreign companies having
cooperative societies;
c. Hospitals/Nursing Homes;
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Chapter – 1: Introduction
Employer:
ii. Any person (whether contractual or not) responsible for the management,
(i).
Appropriate Government:
Central Government;
II. In relation to any workplace not covered under sub-clause (I) and falling
b) A public servant; or
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Chapter – 1: Introduction
custody established by or under any law for the time being in force, or a
either in his custody or under his charge or present in the premises to have
sexual intercourse with him, such sexual intercourse not amounting to the
description for a term which shall not be less than 6 years, but which may
The present research study is divided into nine chapters. These are as under:
Chapter - 1: Introduction articulates the problem, aims and objectives of the study.
The chapter in addition to other things covers brief introduction of the problem of
on workplace sexual harassment. In this chapter, the researcher reviewed national and
In types of workplace sexual harassment, the researcher reviewed the traditional and
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Chapter – 1: Introduction
c) Workplace;
e) Harassers of sexual harassment and job status between victim and harasser;
the Protection of the Rights of All Migrant Workers and Members of their Families
Declaration and the Beijing Platform for Action; International Labour Organisation;
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Chapter – 1: Introduction
World Health Organisation etc. The objective of this segment is to find out the
Constitution 1950, Indian Penal Code 1860, and Criminal Amendment Act 2013 etc.
An attempt has been made to analyze the various provisions of these legislations as
well as their efficacy to prevent the evil of sexual harassment at work place in India.
Prohibition and Redressal) Act, 2013‟ to analyze the provisions of the Act 2013.
Apart from this, the researcher tried to focus on Supreme Court guidelines on Vishaka
case and the way it impacted in Indian legal aspect in preventing of workplace sexual
harassment.
Workplace covers the role played by the judiciary in preventing the sexual
harassment of women at work place in India, including the specific trends of judiciary
harassment etc.
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The role of judiciary plays a vital role to eliminate the evils of the society. Likewise,
from the beginning. For better understanding of this chapter, the researcher divided
A. Pre-Vishaka judgements.
exploitation at workplace with laws and policies alone. But in prevention of unwanted
sexual exploitation, the role of various statutory bodies, NGOs, media and other
organisations is very important. The researcher focused on some statutory bodies and
non-statutory bodies to make clear the role on their part in prevention of sexual
harassment. The researcher specifically focused to make the chapter precise as per the
following heads:
basis of the study and some important suggestions have also been made in this chapter
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