What Are The Laws Governing Office Harassment In India

When We Talk About Harassment, We Can Clearly Define It As One Person’s Unwelcome Conduct That Humiliates The Other Person Who Is The Victim Of That Behavior. Mental Harassment Does Not Have To Be In The Form Of Words; It May Also Be In The Form Of Gestures Or Acts. When It Comes To Workplace Harassment, It Can Take Many Forms, Such As Giving Less Opportunity Or Not Acknowledging The Person Who Deserves It. Sexual Harassment Is A Widely Used Term That Everyone Is Familiar With, Whereas Mental Harassment Is Still A Taboo Subject In Our Society.

Laws Governing Office Harassment In India

There Are Several Laws Regarding Office Harassment In India. The Employees Should Be Aware Of These Laws To Get The Benefit. Let Us These Laws In Detail:

• The Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Act Of 2013: This Act Was Made After The Vaisakha Case With Aim To Safeguard The Women From Sexual Harassment At Workplace. This Act Is Divided Into Three Elements. The First Element Is Prevention In Which The Employers Need To Provide The Employees With Anti – Sexual Harassment Policy, Corrective Actions And Penal Provisions. The Second Element Is Prohibition Under Which The Law Is Made To Prohibit The Sexual Harassment Of Women At Workplace. The Third Element Is Redressal Under Which The Employers With Ten Or More Employees Should Create An Internal Complaint Committee.
• Industrial Employment (Standing Orders) Act Of 1946: It Puts The Obligation On The Employers To Specify The Rules Regarding The Conduct Of Employees. It Prohibits Any Form Of Harassment. It Even Provides For Disciplinary Action In Case Of Violation Of Rules.
• Bns: The Bns Provides Many Penal Provisions Regarding The Offenses Affecting Women. Let Us Discuss These Provisions In Detail:

1. Section 296 Of Bns Talks About Obscene Acts And Songs. It Provides The Punishment If Anyone Causes Annoyance To Anyone By Doing Any Obscene Act Or By Singing, Reciting Any Obscene Song In Public Place. The Act Provided The Punishment For Such Acts. The Person Will Be Liable To Imprisonment Upto Three Months, With Fine Upto One Thousand, Or With Both.
2. Section 74 Of Bns Addressed The Issue Of Assault Or Criminal   Force Upon Women With The Intention To Outrage Her Modesty. The Person Will Be Punished With Imprisonment Upto One To Five Years And Fine. The Aim Is To Create A Deterrent Effect Upon The Safety Of Women.
3. Section 75 Of Bns Provides The Punishment For The Offence Of Sexual Harassment. It Even Specify The Acts Which Will Be Termed As Sexual Harassment. The Person Committing Sexual Harassment Will Be Liable To Punishment Of Rigorous Imprisonment Upto Three Years Or With Fine Or With Both.
4. Section 79 Of Bns Addressed The Issue Of Insulting The Modesty Of Women. It States That If Anyone With The Intention To Insult The Modesty Of Women Utters Any Words Or Makes Any Sound Or Gesture With The Intention That Those Words Or Gestures Shall Be Seen Or Heard By The Women Then The Person Will Be Liable To Imprisonment Upto Three Years And With Fine.

Case Laws Governing Office Harassment In India

• In The Case Of Vaisakha And Others Vs. State Of Rajasthan, 1997, The Issue Was That Rajasthan State Official Attempted To Prevent A Child Marriage As Part Of Her Job Duties With The Women Development Programmer. The Landlords In Her Community Were Enraged By Her Conduct, So They Repeatedly Beat Her When She Was Working In Her Fields, And Were Subsequently Let Go By The Rajasthan High Court. This Sparked Widespread Outrage In The Community, And Many Women’s Organizations Banded Together As The Vaisakha Platform To Launch A Lawsuit With The Supreme Court.
• The Court Held That Sexual Harassment Is A Breach Of Human Rights As Well As Many Rights Provided By Provisions Of The Indian Constitution. The Court Declared That Companies Must Safeguard Women From Workplace Harassment, Enforced Sexual Harassment Training For Employees, And Established A New Redressal Mechanism: The Complaints Committee, Which Reviewed Complaints Of Sexual Harassment In The Workplace.

• In The Case Of Poornima Advani Vs. Union Of India, 2018, It Was Held That The Posh Act Applies To Government Organizations And That The Government Must Ensure That All Of Its Offices And Workplaces Have Internal Accusations Committees In Place To Handle Sexual Harassment Accusations.
• In The Case Of Madhu Vs. State Of Kerala Of 2012, The Supreme Court Determined That Sexual Harassment Does Not Have To Be Proven Beyond A Reasonable Doubt And Can Be Demonstrated By A Preponderance Of Probability.

In India, Legislative Protections And Mechanisms Exist To Address And Prevent Such Harassment, Ensuring That Employees Work In A Safe And Respectful Atmosphere.  Harassment In The Workplace Is A Severe Issue That Can Have Long-Term Consequences On An Individual’s Mental Health And Well-Being. Employers And Employees Must Be Aware Of Harassment Laws And Take Necessary Action To Preserve Everyone’s Dignity And Well-Being In The Workplace.

For Any Legal Help, Contact Lead India. We Offer Free Online Legal Consultation And Other Legal Services. On Our Platform, You Can Talk To Lawyers. You Can Freely Ask Any Legal Question. We Provide The Solutions To Your Legal Problems.