The principle of gender equality is enshrined in the
Indian Constitution and the Fundamental Rights, amongst others,
ensure equality and equal protection, prohibiting discrimination on
the grounds of sex, and thereby providing equality of opportunity
to all citizens in matters relating to employment. The Sexual
Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act 2013 has been introduced to uphold the
Constitutional mandate and to protect women from sexual harassment
at work.
The legislation is principally based on the guidelines set out
by the Supreme Court of India in a landmark judgment in
19971. It imposes several duties on employers to provide
a safe working environment for women and sets out a framework for
compliance and disclosure. Since, the legislation is at a nascent
stage of implementation, employers are facing practical
difficulties while seeking to comply.
