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Subrat SaurabhAuthor of Kuch Woh Pal
The Supreme Court of India in the landmark judgment of Vishaka & Ors. v. State of Rajasthan & Ors. (AIR1997SC3011) acknowledged the seriousness of sexual harassment of women at the workplaces and laid down legally binding guidelines making it mandatory for employers to prevent the commission of acts of sexual harassment. Later the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted to provide protection against sexual harassment and for prevention and redressal of such complaints.
“Sexual harassment” means any unwelcome act like physical contact and advances, a demand or request for sexual favours, making sexually coloured remarks, showing pornography and any other unwelcome physical, verbal or non-verbal conduct of sexual nature. The Act further prohibits implied or explicit promise of preferential or detrimental treatment in her employment or threat about her present or future employment status. Every employer has to constitute an Internal Complaints Committee (ICC) to hear the complaints made by any aggrieved woman.
This commentary discusses in detail all aspects of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 along with numerous judgments of Indian as well Foreign Courts including the highest courts and Tribunals for an in-depth understanding of the provisions of the Act.
Rajdeep Banerjee & Joyeeta Banerjee
Rajdeep Banerjee is an advocate and legal consultant with experience of thirteen years. He holds LLM degree (First Class) in Corporate and Securities Law and is a Law Graduate from Campus Law Centre, University of Delhi. He has completed PG Diploma in Cyber Laws, PG Diploma in Patents Law and PG Diploma in Media Laws, securing First Class in all three from NALSAR, Hyderabad. He has also completed PG Diploma in Alternative Dispute Resolution from ICADR and PG Diploma in Human Rights Law in First Class from NLSIU, Bangalore. After finishing High School, he joined Bachelor of Engineering B.E.(Electrical Engineering) at National Institute of Technology, Durgapur, West Bengal but later switched to Mathematics and completed Bachelor of Science. He had secured 3rd rank in law admission test. He worked as an Associate in the Chambers of Mr. Ram Jethmalani, Senior Advocate & Former Union Minister of Law & Justice and had been part of the legal team in various landmark court cases. He had interned with leading corporate law firms. He is also a visiting faculty at various institutes like Maharashtra National Law University (MNLU), Mumbai, Amity University, School of Built Environment, RICS (Subsidiary of RICS, United Kingdom) and Narsee Monjee Institute of Management Studies (NMIMS) and has taught various law subjects including real estate laws.
Joyeeta Banerjee is a legal consultant and advocate with an experience of more than thirteen years. She is also a qualified Mechanical Engineer (2nd rank holder in University) from State Government Engineering College and holds LLM degree (First Class) in Corporate and Securities Law. She is a Law Graduate from Campus Law Centre, University of Delhi. She has done PG Diploma in Cyber Laws (2nd rank holder), PG Diploma in Media Laws (3rd rank holder) and PG Diploma in Patents Law from NALSAR, Hyderabad. She has also done PG Diploma in Alternative Dispute Resolution from ICADR with Distinction and PG Diploma in Human Rights Law from NLSIU, Bangalore. She worked as an Associate in the Chambers of Mr. Ram Jethmalani, Senior Advocate & Former Union Minister of Law & Justice and had been part of the legal team in various landmark court cases. Earlier she had interned with leading corporate law firms. She is also a visiting faculty at various institutes like Amity University, NMIMS, School of Built Environment, RICS (Subsidiary of RICS, United Kingdom) and Maharashtra National Law University (MNLU).
