Sexual Harassment, an issue deeply ingrained in the country's societal fabric, has been a longstanding concern that affects the well-being and dignity of women in workplaces. This article will focus on the definition of sexual harassment, its implications on fundamental rights, and the legal remedies available to empower women under the Bharatiya Nyaya Sanhita, 2023 (BNS) and other relevant provisions.

Sexual harassment extends beyond physical actions and includes behaviors that create a hostile or insecure working environment. This pervasive issue causes significant mental anguish, depression, anxiety, physical harm, and other health issues. Importantly, it not only violates women's human rights but also infringes upon fundamental rights enshrined in the Indian Constitution.

1. Article 14 of the Indian Constitution:
   • Sexual harassment of women infringes upon the fundamental right to equality under Article 14 of the Indian Constitution.
2. Article 15 of Indian Constitution:
   • Prohibits discrimination on grounds of gender, recognizing any such discrimination as a violation of a woman's fundamental rights.
3. Article 21 of Indian Constitution:
   • Asserts the fundamental right to life and dignity, both of which are compromised in instances of sexual harassment.

Provisions under BNS (Bharatiya Nyaya Sanhita) which can be invoked in these situations:

• Section 296 BNS: Deals with obscene acts or singing obscene songs in any public place.
• Section 75 BNS: Addresses sexual harassment as an offense.
• Section 79 BNS: Addresses any word or gesture intruding the privacy of a woman and harming her modesty.

1. Internal Committee:
   • The aggrieved woman should file a complaint with the internal committee of the workplace within three months of the incident, extendable in certain circumstances.
   • The committee initiates conciliation, followed by an inquiry if conciliation fails. The process must be completed within 90 days.
   • The organization must act on the committee's recommendations within 60 days.
2. Legal Actions:
   • If unsatisfied with the committee's recommendations, the aggrieved woman can appeal to the court or tribunal.
3. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:
   • Mandates organizations with 10 or more employees to set up an internal grievance redressal committee.
   • Failure to comply results in fines, with additional penalties for repeated offenses, such as withdrawal of licenses or non-renewal of registration.

It is imperative for women to break the silence surrounding sexual harassment and utilize the legal remedies available. By reporting incidents promptly and seeking redress through internal committees, legal avenues, and the provisions of the Sexual Harassment Act, women can assert their rights and challenge the status quo. Government initiatives and continued societal awareness play crucial roles in fostering work environments where women feel secure, respected, and able to pursue their careers without fear.

In conclusion, it will not be wrong to say that combating sexual harassment requires a comprehensive approach involving legal frameworks, internal mechanisms, and a collective societal commitment to ensuring the fundamental rights and dignity of women in the workplace.

Award Winning Article Is Written By: Adv.Hinesh Navratan Rathod,
B.Com-(Graduate), LL.B| Writer- Legal Article | Active in Politics | Human Rights Activist | Social Worker

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