Article 14: Right to Equality.
Article 16: Right to equal opportunities in employment Article 19 [1][g] Freedom to practice any profession or to carry out any occupation, trade or business Article 21: Right to life Article 51 A [ a] It is the duty of every citizen to abide by the Constitution & respect its ideals & institution Article 51 A [e] : State shall denounce the practices that are derogatory to the dignity of woman
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A safe workplace is a woman’s legal right. Indeed, the Constitutional doctrine of equality and personal liberty is contained in Articles 14, 15 and 21 of the Indian Constitution. These articles ensure a person’s right to equal protection under the law, to live a life free from discrimination on any ground and to protection of life and personal liberty. This is further reinforced by the UN Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), which was adopted by the UN General Assembly in 1979 and which is ratified by India. Often described as an international bill of rights for women, it calls for the equality of women and men.
Nirathanka has conducted a Training Programme on the Prevention of Sexual Harassment at Arco Lab Private Limited, jigani Bengaluru, on 9th, 10th & 11th of February 2023. Around 1000 Employees participated in the training program, which was well received.
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Handbook on Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 Government of India Ministry of Women and Child Development November 2015 Dr. G.P. Naik Principal Consultant, Talent Avenues, Bangalore Even though the concept of sexual harassment is as old as the history of mankind, its implication at the work place has received attention in recent times. In fact until the verdict in Vishaka Vs. State of Rajasthan (1997) case by the Supreme Court of India in 1997, there were no official guidelines to deal with the subject. The case relates to an alleged gang rape of a social worker in a village of Rajasthan. In this case the court opined that sexual harassment at work place amounts to violation of individual rights guaranteed under Article 14 (equality before law); 15 (prohibition of discrimination on the ground of sex,); 19 (right to practice freely any profession, trade or occupation); 42 (provision for humane conditions of work), and the citizens duties under Article 51A to renounce practices derogatory to the dignity of women.
Does a male colleague shouting angrily at a female constitute sexual harassment?
No. Shouting in anger at a woman by a male colleague may not be covered under sexual harassment, unless the shouting is accompanied by behavior that is sexually explicit, unwelcome, or creates a hostile work environment. Sexual harassment is defined in the POSH Act of 2013 as unwelcome sexual conduct, which could be verbal, non-verbal, or physical. What is Quid Pro Quo?
In the context of sexual harassment, quid pro quo refers to a situation in which a person in a position of authority, such as a supervisor or manager, demands sexual favors from a subordinate in exchange for job benefits or protection from negative job consequences. Does a company visitor who is sexually harassed fall under the scope of sexual harassment under the POSH Act, 2013?
YES A married female colleague congratulated the boss on his promotion through a WhatsApp message. He expressed his happiness in reply with heart emoji ❤️. Can this act of the boss be considered sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redress) Act, 2013 (POSH Act)?
Under the POSH act, the described action is unlikely to be considered sexual harassment. |
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