Legal Aspects of Women's Security: A Comprehensive Overview
Keywords:
Women's security, Sexual Harassment of Women at Workplace Act, Legal Framework, India, Gender equalityAbstract
The issue of women's security is a critical concern in contemporary society, with various laws and regulations in place to address sexual harassment and provide legal support for women. This article primarily discusses the The 2013 POSH Act, also known as the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, in relation to the legal issues of women security in India. The study explores key provisions of the Act, including the establishment of Internal Complaints Committees (ICCs) and Local Complaints Committees (LCCs), as well as procedures for redressal and penalties for non-compliance. The methodology involves analyzing the POSH Act and other relevant laws such as the Indian Penal Code [Now,
Bharatiya Nyaya Sanhita, 2023],Evidence Act 1872 [Now BSA, 2023], Dowry Prohibition act 1961, The Information Technology Act 2000, Protection of Women from Domestic Violence Act 2005,Central Civil Services Rules, and Maharashtra Civil Services Rules. The findings highlight the importance of creating safe work environments for women and the need for strict adherence to legal provisions to prevent and address sexual harassment. The study findings highlight how important these laws are for defending women's rights and advancing gender equality.
References
Akhtar, C. (2013). Eve teasing as a form of violence against women: A case study of
district Srinagar, Kashmir. International Journal of Sociology and Anthropology, 5(5),
-178.
Anil Rajagopal v. State of Kerala and others [I.L.R. 2018 (1) Kerala 719].
Apparel Export Promotion Council v. A.K. Chopra, (1999) 1 SCC 759
Bibha Pandey v. Punjab National Bank and Ors. 2021 LLR 359
Chan, Darius K-S, Suk Yee Chow, Chun Bun Lam, and Shu Fai Cheung. (2008).
“Examining the Job Related, Psychological, and Physical Outcomes of Workplace
Sexual Harassment: A Meta-Analytic Review.” Psychology of Women Quarterly
(4): 362–76.
Cortina, Lilith M. and Jennifer L. Berdahal. (2008). “Sexual Harassment in
Organizations: A Decade of Research in Review.” In The SAGE Handbook of
Organizational Behaviour: Volume 1 – Micro Approaches, eds. Julian Barling and
Cary L. Cooper, 469–497. Thousand Oaks, CA: SAGE Publications.
Dansky, Bonnie S., and Dean G. Kilpatrick. (1997). “Effects of Sexual Harassment.”
In Sexual Harassment: Theory, Research, and Treatment, edited by W. O’Donohue,
–74. Needham Heights, MA: Allyn & Bacon.
Dhillon, M., &Bakaya, S. (2014). Street harassment: A qualitative study of the
Experiences of young women in Delhi. Sage Open, July- September, 1-11.
Diva Rai. (2019) Offences Against Women and Provisions for it in the Indian Penal
Code, iPLEADERS.
Dr.S. Ram, (ed.) (2003). “Encyclopaedia of women and social change women: socio-
economic problems vol-3”, Commonwealth Publishers, Ansari Road, Darya Ganj,
New Delhi-110002, pp. 58-59.
G.S. Venumadhava, M. Tejashwini. (2015) “Sexual Harassment of Women at
workplace”, International journal of advanced research, Volume 3, Issue 5, pp. 1136-
General Recommendation 12 of 1989, Committee on the Elimination of All Forms of
Discrimination against Women. (CEDAW).
Global Health Private Limited v. Local Complaints Committee, District Indore and
Ors.2020 LLR 40 (MP HC).
Handbook On Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013. (2015) Government of India, Ministry of Women and Child
Development, November 2015.
Jaya Kodate v. RashtrasantTukdoji Maharaj Nagpur University, 2014 SCC Online
Bom 814.
J. H. Joshi, J. Nachison. (1996) “Sexual Harassment in the Workplace How to
Recognize; How to Deal It”, CGIAR GENDER PROGRAM, working paper, No. 13.
J. I. Kalyar. (2015) “Sexual Harassment Against Women in India: An Overview”,
International Multidisciplinary Research Journal, Vol.2, Issue II.
Krithi Singh (2013), The Movement for Change: Implementation of Sexual Assault
Laws in India, 39 India International CenterQuaterly 259, 259-269.
M. P. J. Pereira, E. J. Rodrigues. (2014), “Sexual Harassment at Work Place in India
Medico Legal Aspects”, J Indian Forensic Med, October-December 2014, Vol.306,
No. 4, 2014.
Madhu Balaaji S & S. Malaimangal. (2018), A Study on Sexual Harassment on
Women in India, 7 International Journal of Current Advanced Research 9980, 9981-
Malabika Bhattacharjee v. Internal Complaints Committee, Vivekananda College and
Ors. 2021(1) SCT 431 (Calcutta).
Medha Kotwal Lele v. Union of India, (2013) 1 SCC 177
P. Chaudhuri. (2008), “Sexual Harassment at workplace: Experience with complaints
committees”, economic and political weekly, vol.43, no.17, pp.99-106.
Prasad Pannian v. The Central University of Kerala and Ors. 2021LLR384 (Kerala
HC).
Rashi v. Union of India And Another (MANU/DE/2178/2020).
Rouf Ahmed Bhat & Prof.Dr Anita Deshpande. (2019), An Overview of Sexual
Harassment of Women at Workplace in India: An Analytical Study, 6 International
Journal of Innovative Research in Science, Engineering and Technology 14361,
-14368.
Ruchika Kedia v. Internal Complaints, Goa Institute of Management, Through Its
President Prof. Annamika Sinha AndOrs. 2020 SCC Online BOM 139.
S. C. Srivastava. (2004), “Sexual Harassment of Women at Work Place: Law and
Policy”, Indian Journal of Industrial Relations, Vol. 39, No. 3, pp.364-390.
Subhash C Kundu & Jahanvi Bansal. (2018),A Critical Analysis of Sexual Harassment
of Women in India: Laws, Issues and Preventive Measures, 2 Assemblage ABM
Research 272, 176-281.
The Constitution of India,1949.
The Criminal Procedure Code, 1973 [Now, Bharatiya Nagarik Suraksha Sanhita, 2023]
The Evidence Act, 1872 [Now, BharatoiyaSakshyaAdhiniyam, 2023]
The Indian Penal Code, 1860 [Now, Bharatiya Nyaya Sanhita, 2023]
The Prevention of Sexual Harassment Act, 2013
The Protection of Children from Sexual Offences Act, 2012
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013: The primary legislation itself serves as an important reference
for understanding the legal framework and its provisions.
Vishaka and Others v. State of Rajasthan, (1997) 6 SCC 241
