As India has its #MeToo moment, here’s a look at the laws that are in place to make our workplaces safe for women. Vishaka guidelines, promulgated by the Supreme Court, were in place since 1997. This was superseded in December 2013, when the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, or POSH Act, was passed. The Criminal Law (Amendment) Act, 2013, was also passed and Section 354 was added to the Indian Penal Code. This defines sexual harassment and the penalties for the offence. Additionally, with sexual harassment being a crime, employers are obligated to report offences.
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What Amounts To Sexual Harassment At The Workplace?
Unwelcome, sexually determined behaviour, whether directly or by implication:
* Physical contact and advances
* A demand or request for sexual favours
* Sexually coloured remarks
* Showing pornography
* Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
The Onus Ison Employer To Create A Safe Workplace
* Rules on prohibition of sexual harassment should be notified, published and circulated in appropriate ways
* There should be appropriate penalties for violation
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