Introduction
Sexual harassment at the workplace is a serious issue that affects women’s safety, dignity, and participation in employment. In response, the Indian legal system has established specific laws and guidelines to protect employees, especially women, from such misconduct. Alongside this, Occupational Health and Safety (OHS) laws aim to ensure a safe, healthy, and harassment-free work environment for all workers.
Legal Response to Sexual Harassment at the Workplace
1. Vishaka Guidelines (1997)
The landmark judgment in Vishaka v. State of Rajasthan by the Supreme Court laid down guidelines for preventing and redressing sexual harassment in workplaces. These guidelines acted as law until formal legislation was passed.
2. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
This Act provides a legal framework for handling complaints of sexual harassment. Key features include:
- Definition of sexual harassment (verbal, physical, non-verbal conduct)
- Mandatory Internal Complaints Committees (ICC) in workplaces with 10 or more employees
- Time-bound investigation and redressal mechanism
- Confidentiality of proceedings
- Penalties for false complaints or non-compliance by employers
Impact: It has created more awareness, but implementation still faces challenges like lack of training and under-reporting due to fear of retaliation.
Laws Related to Occupational Health and Safety (OHS)
1. The Factories Act, 1948
This is one of India’s earliest laws on workplace safety. It mandates:
- Clean and hygienic working conditions
- Ventilation and safe disposal of waste
- Proper lighting and drinking water
- Safety measures for machinery
- Health inspections and first aid provisions
2. The Mines Act, 1952
Focuses on the safety of workers in mining sectors, including underground conditions, emergency exits, and medical care.
3. Building and Other Construction Workers Act (BOCW), 1996
It addresses safety in construction sites where many unorganized and migrant workers, including women, are employed. It provides for creches, health care, and protective gear.
4. Code on Occupational Safety, Health and Working Conditions, 2020
This new labour code consolidates several older laws and provides updated safety regulations. It aims to protect workers in all sectors including informal workers, with a focus on dignity and gender sensitivity.
Conclusion
Legal frameworks like the POSH Act and various OHS laws have been instrumental in recognizing and addressing gender-specific challenges at work. However, real change requires proper implementation, employer accountability, regular training, and a culture of respect and safety. Making workplaces inclusive and harassment-free will help improve women’s participation and productivity in the workforce.