Law Relating to Sexual Harassment at Work

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This thoroughly revised and updated edition critically examines the Supreme Court’s directives in the Vishaka case (1997) regarding sexual harassment at workplace, and goes on to discuss the development of the law since then.

This authoritative work discusses the various aspects of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and analyses the Act very minutely with every section being critically examined, explaining their full importance and highlighting their intricacies. 

The book is divided into 4 parts discussing, what is sexual harassment and the need to combat it. The book also deals with preventative and procedural action by employers, role of employees, trade unions, etc. In the part III-B the author examines and discusses at length the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Part IV mainly discusses the applicability, etc., of laws other than the 2013 Act, such as the Indian Constitution, Labour Laws, Criminal Laws, etc. It also discusses the circumstances under which an employer may be held liable for the sexual torts of its employees.

This book is indispensable for Judges, lawyers, Human Rights Organisations, Forums for Women's Rights, Academicians, NGOs, researchers, and is a must for every working woman and workplace. 

'The topics discussed in the book like " what is sexual harassment", "why sexual harassment  needed to be combated", the persons responsible for curbing and preventing the menace, the effective remedies available to the victims are very useful to the public and law students.' - The Academy Law Review.

Table of Cases

Table of Statutes

1. Part I. What is Sexual Harassment?

Introduction

1. “Quid Pro Quo” and “Hostile Environment” Sexual Harassment

2. Defining Sexual Harassment

3. Legal Test for Sexual Harassment

4. Sexual Harassment: A Species of Sex Discrimination

5. Reasonable Perception: Reasonable “Person” or Reasonable “Victim”?

1. Part II. Why Sexual Harassment Needs to be Combated

Introduction

1. A Serious and a Real Problem

2. Most Vulnerable

3. Violation of Dignity and Human Rights

4. Fall Out

1. Part III. Combating Sexual Harassment at Work

2. A. Preventative and Procedural Action

Introduction

1. Preventative and Procedural Action by Employers

2. Sexual Harassment of Students

3. Role of Employees, Trade Unions and Collective Bargaining

B. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Introduction

1. Preliminary

2. Constitution of Internal Complaints Committee

3. Constitution of Local Complaints Committee

4. Complaint

5. Inquiry into Complaint

6. Duties of Employer

7. Duties and Powers of District Officer

8. Miscellaneous 

1. Part IV. Liability and Remedies 

Introduction

1. Constitution of India

2. Criminal Law

3. National Commission for Women Act, 1990 and Protection of Human Rights Act, 1993

4. Torts

5. Vicarious Liability of Employer for Sexual Torts of Employees 

Annexure 1

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Annexure 2

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013

Subject Index