SEXUAL HARASSMENT AT WORKPLACE: A COMPARATIVE STUDY

Abstract

This research paper explores sexual harassment of women in the workplace as well as other unfavorable workplace behaviors that occur in India and USA. The legal definition of sexual harassment is very broad, and it is a significant type of harassment against women throughout India and USA. Whether it occurs in developed, developing, or underdeveloped nations, it is a global issue. The emphasis placed on both men and women is more harmful and detrimental. Although the law is meant to serve as a protector, it doesn't appear to have succeeded in offering women the crucial protection they require.

Notwithstanding the fact that India has made significant strides in combating workplace sexual harassment. Since the Vishaka case in 1997, both the courts and the government have recognized that sexual harassment in the workplace is a serious violation of a woman's rights. As a result, the Protection of Women Against Sexual Harassment Bill could not be introduced into Parliament until 2010, highlighting the need for more concerted and prompt action in this area. In contrast, the issue was identified much earlier in the United States of America, where a robust statute has been crafted to address this threat. Although the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act 2013 is a step in the right direction and India's laws against sexual harassment have advanced significantly, there is always a need for improvement.

The author’s aim is to provide a thorough analysis of the laws in India and USA. It describes the criminological theories relevant to the Sexual Harassment in the Workplace and the scope of legislation which includes some of the peculiarities of the issue and comes to the conclusion that much more clarity & specificity is needed to prevent a crusade for improvements.