Gender Neutral Laws with Special Reference to the Sexual Harassment of Women at Workplace ( Prevention, Prohibition and Redressal) Act, 2013

Abstract

Workplace sexual harassment prevalent in various forms is a worldwide social evil faced by women that violates their fundamental right to work, life, dignity, equality. Apart from creating an intimidating and hostile work environment, it interferes with their performance at work, adversely affects their economic and social growth and puts them through emotional, physical and mental suffering. Vishaka case was the genesis of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 that mandates all workplaces to provide a safe and secure working environment to all women, which is free from sexual harassment and also have proper grievance redressal mechanisms in place. However, the Act has failed to produce desired results with several cases of workplace harassment going unreported, no inquiries being conducted in reported cases, non-compliance of provisions of the Act and widespread unawareness. This paper is an attempt to evaluate the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013  along with its limitations. Further, the paper sheds light on the evolution of the law on workplace sexual harassment and discusses recent judicial pronouncements on the same. The paper talks about the impact of workplace harassment and the initiatives taken by the government to curb this practice. The paper also discusses the position of men and transgenders under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the urgency of gender-neutral laws and lastly concludes with suggestions.