Criminal lawyer on workplace

harassment and constitutional

Security is a big concern for working women, a 28-year-old senior software engineer has filed a sexual harassment case against three

senior staffers of the multinational company. She stated in her

complaint that three of her seniors, who work in the technical

department, had sexually harassed her often. One of the accused

had allegedly threatened to kill her if she complained about the

harassment to anyone. The complainant said she was being

harassed since December 2013 and she had also sent a mail in this

regard to a senior officer in Delhi in March this year. She said her

seniors had threatened to sack her for sending the email. This not

the only incidence, hundreds of women are the soft target of their

workplace colleagues and employers. According to Mr. Kislay

Pandey - Criminal Lawyer, the Supreme Court of India," Sexual

harassment is the violation of Article 15 of the Indian constitution

which disallow gender discrimination and biased actions on the

basis of religion, race, caste, creed and gender."

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Years after years, the rate of harassment against the working women has grew rapidly and it is always felt that there is a dearth of enacted

law in the forceful implementation of the basic human rights, gender

equality and the protection of the weaker sex. guarantee against

sexual harassment at the workplace." These guidelines are to be

observed until legislation is enacted. Besides, it is also frequently

observed that there were complexities pertaining to the complaint

investigation process, as an employer have more power to influence

the investigation process or can force the victim to settle an issue

through monetary compensation. According to Mr. Kislay Pandey -

Criminal Lawyer, the Supreme Court of India," After envisaging these

delicate issues, the Internal Complaints Committee (ICC) came to

existence. As per ICC guidelines it is the responsibility of the employer

to manage workplace harassment complaints and failure to do so

could lead to the cancellation of the company's registration and

termination of the business operations."

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After a long await a good decision was taken by the government and President Pranab Mukherjee has passed this bill without taking

much time. Under this new law, cases of sexual harassment at

workplace will have to be resolved by in-house committees within

ninety days, lest a penalty will be imposed. This law will also covers

cases related to domestic helps and agriculture labour. According to

Mr. Kislay Pandey - Criminal Lawyer, the Supreme Court of India,"

The new law defines sexual harassment as any one or more of

unwelcome acts or behaviour like physical contact and advances, a

demand or request for sexual favours or making sexually coloured

remarks or showing pornography are criminal activities and come

under sexual harassment.

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