“THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT, 2013: A LONG DUE ‘HASTY’ LEGISLATION”

When it takes almost two decades to address an issue and mould it into a legislative enactment, one can be almost certain that it must have been done the right way. However, the Sexual Harassment of Women at Workplace Act, 2013 falls short. In any workplace, a person’s survival is largely depended on his or her relationship with the employer and fellow employees. It is the right of every person not only to the monetary benefits of one’s work but to an all-encompassing environment, which helps in generating productive output. India has not addressed the issue of sexual harassment at workplace until 1997; even then it was done by the judiciary in a landmark decision. However, it took close to sixteen years after the decision to put it down into a statute. Right to a healthy work environment and right to dignity are undeniable rights of every person and in the present article the author assesses the statute on the touchstone of these rights, appreciating the same as well as bringing out the ‘double-edged sword’ nature of the Act. The author sails through the history behind the legislation, the significant provisions of the Act and assesses the Act in terms of its success-failure quotient. On paper, perhaps, the legislation seems strong enough to tackle a problem, that is quite rampant in every work sector, whether we accept it or not. However, in practice there are many impediments that the victim faces in order to actually enjoy the advantage or convenience that the statue intends to provide.