www.tjprc.org editor@tjprc.org “THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE ACT, 2013: A LONG DUE ‘HASTY’ LEGISLATION” GEETANJALI RAMESH CHANDRA 1 & SOHINI MAHAPATRA 2 1 Assistant Professor, Amity Law School Amity University Dubai, United Arab Emirates 2 Research Associate, National Law University, Odisha, India ABSTRACT When it takes almost two decades to address an issue and mould it into a legislative enactment, one can be almost certain that it must have been done the right way. However, the Sexual Harassment of Women at Workplace Act, 2013 falls short. In any workplace, a person’s survival is largely depended on his or her relationship with the employer and fellow employees. It is the right of every person not only to the monetary benefits of one’s work but to an all- encompassing environment, which helps in generating productive output. India has not addressed the issue of sexual harassment at workplace until 1997; even then it was done by the judiciary in a landmark decision. However, it took close to sixteen years after the decision to put it down into a statute. Right to a healthy work environment and right to dignity are undeniable rights of every person and in the present article the author assesses the statute on the touchstone of these rights, appreciating the same as well as bringing out the ‘double-edged sword’ nature of the Act. The author sails through the history behind the legislation, the significant provisions of the Act and assesses the Act in terms of its success-failure quotient. On paper, perhaps, the legislation seems strong enough to tackle a problem, that is quite rampant in every work sector, whether we accept it or not. However, in practice there are many impediments that the victim faces in order to actually enjoy the advantage or convenience that the statue intends to provide. KEYWORDS: Sexual Harassment, Workplace, Legislation, Work Environment, Dignity Received: Jun 23, 2016; Accepted: Jul 18, 2016; Published: Jul 23, 2016; Paper Id.: IJHRMRAUG20163 INTRODUCTION ‘Every individual deserves the fruits of his own labour’ – a statement used in common parlance. Legally speaking, it would mean that every individual is entitled to enjoy the rights flowing from his labour, whether they are monetary rights, legal rights, human rights or constitutional rights. Economic and social rights forming an integral part of human rights are duly recognised by the United Nations in the Universal Declaration of Human Rights (UDHR). Labour rights find their place under these social economic rights, which target the welfare of vulnerable groups. In addition to the UDHR, many International Labour Organization (ILO) conventions also deal with social and economic rights. However, the problem with such rights is not in its validity but in the level of execution. When India gained independence in 1947, social justice was one of the aims of the constitution drafters and labour welfare was one of the means to fulfil that goal. It became a social responsibility to ensure that the labour class enjoy all the rights that protect them against various atrocities. Therefore, apart from the constitutional provisions, other legislations were implemented to grant specific status to specific rights. In post-independent India, many labour legislations were enacted to protect and promote the interest of working class like the Equal Original Article International Journal of Human Resource Management and Research (IJHRMR) ISSN(P): 2249-6874; ISSN(E): 2249-7986 Vol. 6, Issue 4, Aug 2016, 23-40 © TJPRC Pvt. Ltd.