Need to revisit law relating to sexual harassment: with special reference to fake complaints and mental harassment cases due to sexual harassment complaints

Abstract

Sometimes people in power misuse their authority to harass women. In fact it is the patriarchal structure of our society that gives them a carte blanche to sexually harass the women. The sexual harassment may occur anywhere, be it in the office or on her way to work. The victim women have no choice but to remain silent, because our society is full of history of retaliatory actions like rape, acid assaults, etc., committed against women, if they agitate against such sexual assault. Therefore, it becomes the responsibility of the society in general and the employers in particular to develop zero tolerance against sexual harassment at workplace or elsewhere. We are aware of the tremendous role that a woman plays in an Indian family. She is a real manager and a hard worker with a
soft heart. She is also the woman of the 21st century; self-sufficient, confident and successful in many areas. But when so many crimes are taking place against women every day, so much gender inequality is prevailing in our society, sexual harassment incidents are showing constant increase and hostile working conditions are rampant; does Indian society really intend to give woman a freedom, a right to equality or to uphold its fundamental rights? Or the society only expects that she will continue to succumb, compromise, stay silent and suppressed as a woman in Indian society has been undergoing in the past? The right to live with dignity pursuant to Article 21 and to pursue every occupation, business or profession, even freedom from sexual violence, as laid down in Article 19, in accordance with Articles 14 and 15 of the Indian Constitution is infringed on the basis of sexual harassment at the job. This research is conducted with the purpose of examining the nature and extent of women's sexual harassment. The purpose of this study is to
gain an enhanced understanding of how female employees deal with sexual harassment and how corporate policies and practices work to protect women's interests.