Legal Remedies & Preventive Measures in India for Sexual Harassment of Women at Workplace

The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them. Within the framework of a democratic polity, our laws, development policies, Plans and programmes have aimed at women’s advancement in different spheres. Sexual harassment of women at workplace is the main impediment in the area of gender equality as guaranteed under the Indian Constitution. India has also ratified various international conventions and human rights instruments committing to secure equal rights of women. Key among them is the ratification of the Convention on Elimination of All Forms of Discrimination against Women (CEDAW) in 1993. Sexual harassment persists in many of the workplaces in India despite stringent legislation enforced against it. Sexual harassment of women is a violation of the fundamental right of women to work in a safe environment. Only legislation and law enforcement agencies cannot prevent the incident of Sexual harassment of women at workplace. There is need of social awakening and change in the attitude of masses, so that due respect and equal status is given to women. The present paper will attempt to analyse the legal aspects relating to the Sexual harassment of women at workplace and Constitutional and Penal provisions for its prevention and prohibition.