JURISPRUDENCE ON SEXUAL HARASSMENT AT WORKPLACE: AN ENQUIRY INTO FALSE COMPLAINTS

Evolution of Jurisprudence over sexual harassment at workplace in India is a recent phenomenon. Numerable challenges were encountered at various stages of its growth. Of many, the huge influx of fake complaints by females at workplace is of serious concern. The recent enactment of law prohibiting sexual harassment at workplaces is underwent critical evaluation. The veracity of law is questionable on the pretext of rising number of female fake complaints at the workplaces. The purpose for which the law was established has undergone dilution. The repercussions are far lethal for society and the individual at large. People who encounter fake complaints have both moral and psychological turmoil. Lengthy judicial processes results in huge delays for getting rectification through the courts. This culminates into another set of responsibilities imposed on the Employers in the name of ‘employer’s liability’ at the workplace. Though, it is established in most of the countries, India still needs to develop its own jurisprudence on it. The two typologies of harassment viz. the hostile work environment and quid pro quo are not compartmentalized as two variants of harassment under the law. Ultimately, it bestows on the judiciary to evolve jurisprudence over sexual harassment. Judiciary need to take cautionary approach while handling cases of sexual harassment. Though, it was always a difficult task to deliver justice in harassment cases, it has now become complex as there is a tremendous rise in false complaints. In the light of this, the paper tries to enquire over the false complaints of sexual harassment at workplace.   
 
KEYWORDS: Jurisprudence, Sexual Harassment, Employers Liability, Hostile Work Environment. 

Introduction The history of sexual harassment is as old as other social histories of crime and atrocities on women. It is evident in various forms and structures within the society. Of many, sexual harassment at workplace is one of the crucial. The importance lies also in its recent recognition as a workplace error and crime against women. It does encompass multitude of problems and dimensions within itself. This is what that makes the entire discourse of sexual harassment a critical one. The laws are evolving every then and now while the herculean task rests on the judiciaries. They are endowed with the task to handle various complexities of the problem. This ultimately leads to the evolution of jurisprudence on sexual harassment. It will help in unfolding complex situations encountered at workplace without being tangled by the law. Interestingly, in India the law on sexual harassment came into force in 2013 while the courts were governed by the Visakha Guidelines. Visakha Guidelines were provided by the Supreme Court in 1997, while recognizing the verdict of Rajasthan High Court in a landmark case of Visakha vs. State of Rajasthan (1997). So, the jurisprudence came prior of law enacted by the State government. The jurisprudence firmly provides meaning and understanding to most of the complex problem associated to sexual harassment at workplace.


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