Abstract

Harassment at a workplace is taken under consideration violation of women's

right to equality, life and liberty. It creates an insecure and hostile work
environment, which discourage women's participation in work, thereby
adversely affecting their social and economic empowerment and thus the goal
of inclusive growth. With this idea the legislature formulated the harassment
of women at Workplace (Prevention, Prohibition and Redressal) Act 2013.
The need for such legislation was observed first time by the Supreme Court, in
Vishaka v State of Rajasthan. within the absence of any law at that time
providing measures to ascertain the evil of harassment of working women, the
Supreme Court, in exercise of power available under Article 32 of the
Constitution, framed guidelines to be followed within the least workplaces or
institutions, until a legislation is enacted for the aim .

The Supreme Court incorporated basic principles of human rights enshrined

in Constitution of India under Article 14, 15, 19(1)(g) and 21, and provisions of
Convention on Elimination of All kinds of Discrimination against Women
(CEDAW), which has been ratified in 1993 by the govt. of India. the principles
laid down by the Supreme Court were to be treated because the law declared
under Article 141 of the Constitution.

It was held that harassment at the workplace should be told , produced and
circulated. Every act of harassment shall be addressed in an appropriate
manner which shall include criminal proceedings and disciplinary action. For
the time-bound and effective redressal of complaints, a robust mechanism
should be in place at workplaces. A complaints committee should be put in
place which should be headed by a woman and quite half its members should
even be women. so on stop any pressure from the higher-ups at the workplace,
a third party like an NGO should be involved.
Moreover, concrete steps must be taken to form awareness at the workplace
on what harassment is and therefore the thanks to approach appropriate
people if someone is harassed at the workplace.

The merits and demerits of judicial activism are always debated in legal circles;
there are pros and cons thereto but the Vishakha judgment enforces the good
side of the activism of judges. Before the pronouncement of Vishakha, India
was lacking a law on harassment even after five decades of independence and
various instances of gender discrimination and sexual violence against women.

The judgement delivered to fore the evil of harassment albeit it had been
brushed under the carpet for a very while till then. The act of harassment
against women takes away from them dignity, which is an inherent right of
every person and one act of harassment creates a lifetime of sorrow. there's
little question that the Vishakha Guidelines and thus the enactment of 2013
are welcome steps but the eradication of the culture of harassment at
workplaces remains an extended way away and it, among other things,
requires removing the stigma that's associated with the victims of such brazen
actions