SEXUAL HARASSMENT IN WORK PLACE (CHAPTER-2)
Research Person- Shalini Bishi
INTRODUCTION
Sexual harassment in the workplace remains a persistent and pervasive issue affecting women
across various sectors and industries. It encompasses unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or
offensive work environment.
In response to this societal challenge, numerous countries have enacted laws and constitutional
provisions to protect women's rights and ensure their safety and dignity in the workplace. These
provisions typically aim to guarantee equal opportunities for all individuals regardless of gender
and to prevent discrimination and harassment based on sex.
Sexual harassment of women is a global phenomenon prevalent both in developed as well as in
developing countries. Cutting across religion, culture, race, caste, class and geographical
boundaries it has spread like virus in the society. It, being offensive to human dignity, human
rights and gender equality, has emerged as a fundamental crisis the world over. It is a complex
issue involving women, their perceptions and behaviour, and the social norms of the society
which emerges from gender discriminatory attitudes and is a complex interplay of gender, power
and sexuality.
Sexual harassment at the workplace is a widely known as a prevalent evil, faced by working
women all over the world. The development of our country has also resulted in women stepping
out of their protected house environment to face challenges of managing a career, which has in
turn resulted in an increase in the proportion of working women in all spheres of life. However,
this also means that there are newer challenges women now have to deal with at their workplace
The current economic environment and workplace set up witnesses an increasing level of
interaction among all genders, thereby requiring setting up of norms and rules to safeguard the
women at large. Though on a wide scale, women do not report on it, out of fear of facing social
ostracism, loss of jobs, etc., there are a number of women who have faced incidents of Sexual
harassment, which therefore warranted a strong law to curb Acts of sexual harassment. Sexual
harassment is a human right violation affecting Article 14, 19 (1) (g) and 21 of Constitution of
India. In other words, sexual harassment at workplace can in other words be termed as extended
act of violence in working life causing discrimination, exploitation and violating right to life and
livelihood of women. The “Me too” Movement highlighted this issue of sexual harassment.
BACKGROUND
Sexual exploitation/harassment at workplace isn‟t so far apparent as a legally undeniable sort of
denied act in many countries over the world. First and foremost the court treated sexual
harassment as a criminal infringement or a common infringement which can be said as
infringement of security. In this chapter, researcher has zeroed in on the different laws those are
identifying with sexual harassment at workplace. Before 1997, the word sexual harassment
straightforwardly not being used in any law in India but rather the conduct identifying with
sexual harassment is culpable under different areas of IPC. it was in the year 1997 where the Highest Court of India gave rule in Vishaka v. State of Rajasthan about sexual harassment of women at workplace and held that this is infringement of women‟s rights. The rules characterized sexual harassment and Supreme Court expressed to force necessary obligation on employer to build a complaint mechanism to start criminal investigation about sexual harassment of women at workplace and held that this is infringement of women‟s rights.
The rules characterized sexual harassment and Supreme Court expressed to force necessary
obligation on employer to build a complaint mechanism to start criminal investigation against the
guilty party, take certain preventive measures or make employers aware of the rules, and ensure
protection of women against the demonstration who perpetrates against them.
Sexual harassment of women at workplace in common liberties planned, Article 1 of
the Sexual Universal Declaration of Human Rights (UDHR), 1948 proclaims that all people
are conceived free and they are likewise equal in nobility and right.all oppression of women
since such segregation abuses the guideline of balance of rights and regard for human nobility.
The boundless oppression of women on the ground of sex and viciousness against women was
recognized without precedent for show on CEDAW by the U.N. in the year 1979. The
convention restricts the differentiation or avoidance of women from practicing their basic
freedoms. From Constitutional Law perspective,
Article 14, 15(1) and 16(2) of the Constitution pronounces that gender fairness is a basic right
and infringement of such right is culpable. In ensuring women essential rights, the Supreme
Court consistently assumes a significant part. The Constitution of India ensures certain essential and major rights to every one of the residents of India. These crucial rights include: the privilege to balance, option to live with nobility and individual freedom and the option to work.
Vishaka v. State of Rajasthan, and Apparel Export Promotion Council v. A.K. Chopra8
Supreme Court observed as each endeavor of sexual harassment of women at the workplace
consequence of infringement of basic rights to gender uniformity in Article 14 and right to life
and individual freedom in Article 21 of the Constitution committed to secure and safeguard these
key rights.
From criminal law point of view, Indian Penal Code, 1860 can help in case of sexual harassment
in the workplace. In the IPC, there is no law explicitly managing wrongdoings against women
and until ahead of schedule, there was no demonstration recorded or depicted as „sexual
harassment‟. Different arrangements in IPC cover such conduct, however as of not long ago no
particular criminal offence of sexual harassment at the workplace existed in the IPC, and the
arrangement under which such offences could be arraigned were section 354 and 509 of IPC.
New alteration in the provision of IPC contain the arrangement making the offence of sexual
harassment under section 354A of IPC, which drawn its definition practically same which set
down in Vishaka judgement by Supreme Court.
THE CONSTITUTIONAL LAW PROVISISON
The authors of Indian Constitution were a lot mindful of the glaring difference between the
genders in our male overwhelmed society and they, in their own insight, invented certain specific
insurances in the Constitution to make balance a living reality to the degrees women are
concerned, They referenced different rights identified with women in the constitution to adjust the
correspondence among people. These insurances discover unequivocal articulation in the
Preamble of the Constitution, the areas on the Fundamental Rights and Directive Principles of
State Policy. Such Constitutionally guaranteed rights go far in ensuring that women in India are
shielded from the issue of sexual harassment at the workplace. Considering the Supreme Court
as seen in Madhu Krishnan v. State of Bihar women from half of the Indian populace. Women have consistently been oppressed by men and have endured forswearing and are enduring segregation peacefully. Selflessness and discipline are their honour and strength but they have been exposed to a wide range of disparities, outrages, incoherencies and segregation.
The Equality Provisions
Article 14 of the Constitution contains the equality affirmation. It ensures “equality before the
law and equal protection of the laws.” As such, women should be dealt parallel to men by the
state and the state to keep equal protection of law. Article 15 restricts the state from oppressing
any resident on the ground of sex and different other attributes. Article 15(3) manages precise
oppression of women and the authentic factor answerable for such segregation and it likewise
incorporates the specialists of the state to make unique arrangements for women and youngsters.
Article 16 gives fairness in all matters of public employment. Article 14 of the Constitution of
India ensures fairness under the watchful eye of the law and equivalent assurance under the law;
it has been interpreted as a denial against absurd classification.
The Supreme Court of India held that equality does not ensure that the treats all individuals
equally, but instead that any characterization made between comparatively arranged people must
be sensible. As per the „doctrine of reasonable classification‟, just those people who are
correspondingly arranged should be dealt with something very similar by the law.
Thusly, the supreme court held that there is no segregation when the classification meets two
conditions, right off the bat, that the order is established on clear standards, which recognise
people or things that are assembled from others left out the gathering; and besides, that the
measures have a sane connection to the item tried to be accomplished by the reprimanded
administration or leader activity.
Menaka Gandhi v. Union of India
the court stressed the powerful substance of Article 14 by expressing: “the principle of
reasonableness, which legally and philosophically, is an essential element of equality and non-
arbitrariness, pervades Article 14 like a brooding omnipresence. However, on the off chance that any women are oppressed from sexual harassment at workplace, so this is gross infringement of their entitlement to balance based on sex. At that point Sexual harassment at work place is segregation based on sex and infringement of uniformity code.
RIGHT TO WORK
The "right to work" provision for women is not explicitly stated in most constitutions. However,
many modern constitutions have provisions that ensure equal employment opportunities and
prohibit discrimination based on gender. These provisions effectively guarantee women the right
to work without facing discrimination. Additionally, various laws and policies are often enacted
to promote gender equality in the workplace and ensure that women have equal access to
employment opportunities.
The right to be ensured in clause (g) of Article 19(1) is expected to guarantee that the privilege of
a resident to work in any calling does not rely on an award by the state. Every resident has an
advantage to bear on any calling, exchange or business taking after the sensible limitations under
provision (6) of Article 19. The basic option to bear on any occupation, exchange or business or
calling depends upon the availability of a protected workplace. All things considered, it is a basic
Right of each resident to rehearse a calling and take part in an occupation.
in Olga Tellis v. Bombay Municipal
Corporation, the right to live and the right to work were considered as coordinated and
associated. The court contemplated, an equally important facet of the right to live is the right to
livelihood because no person can live without the means of living, that is, the mean of livelihood.
If the workplace is dangerous and the working climate is damaging or antagonistic, it infringes
on the option to carry on occupation. This abuses the opportunity to work of both the person in
question and other female representatives.
RIGHT TO DIFFERENT FREEDOM
Sexual harassment at workplace disregards the opportunities which are given in Article 19. As
the option to work given in Article 19 (1) (g) is disregarded by sexual harassment at the
workplace, and furthermore are other related opportunity.
These opportunities include:
i. The freedom of speech and expression;
ii. The freedom to form associations and unions;
iii. The freedom to move freely throughout the territory of India.
Sexual harassment at workplace abuses these opportunities. A demonstration of sexual
harassment can harm the option to talk uninhibitedly and articulation guaranteed under Article
19 (l) (a) through the closeness of incapacitating workplace and being compelled to work nearby
offenders; the opportunity of affiliations guaranteed under Article 19 (l) (c) by making an
antagonistic climate for the casualty making it awkward for her to look into office pack
exercises, gatherings and parties; additionally, the chance of advancement guaranteed under
Article 19 (l) (d) when the casualty is obliged to avoid workplaces because of the presence of the
guilty party.
In Kharak Singh v. State of U.P.
the Supreme Court held that the opportunity ensured by Article 19(1) (d) is the option to move
freely all through India. Sexual harassment at the workplace compromises a women‟s right to
development concerning her workplace.
RIGHT TO LIFE
The privilege to everyday routine would basically surmise the right to life with human
respect and would consolidate those pieces of life that make life significant, complete
and worth living. Article 21 of the constitution of India is our key right. The supreme
court of India deciphered this article in the extremely driving case
Maneka Gandhi v. Union of India, and made another component of Article 21. The court held
that the space of „right to live‟ is not just limited to the actual presence however it likewise
incorporates „right to live with human dignity‟. It is extremely hard to comprehend the
real importance of human nobility in the overall manner. We can say that it means
living by a man in a way required living like a man in the general public. It is a more
extensive region, it guarantees independence from brutality, pointless discipline and
torment.
In Vishaka v. State of Rajasthan,
the Supreme Court state the Supreme Court stated that each episode of sexual harassment of
women at workplace is terrible infringement of right to life under article 21 of the constitution of
India, which incorporates the right to dignity.
The Supreme Court likewise held in
Apparel Export Promotion Council v. A.K. Chopra, that it to be ahead of the extent of
discussion that sexual harassment of women at workplace is contradictory with the poise of a
woman.
Right to life and individual freedom under Article 21 has been deciphered liberally to the point
that, presently it covers in its ambit a grouping of rights that comprises the singular opportunity
of man. Right to life consolidates every last one of those rights that make human existence worth
living. Right to work in a calling of one's choice and right to safe workplace are an indispensable piece of right to life and individual opportunity. Subsequently, sexual harassment at work spot is
an encroachment ofsignificant rights of opportunity which joins human pride. Sexual harassment
is additionally the infringement of 'right to life' under Article 21 of the constitution of India.
RIGHT TO PRIVACY
Sexual harassment of women at workplace is additionally an infringement of right to security
under Article 21 of the Indian Constitution. The privilege to security is associated with the right
to life and individual freedom ensured under Article 21. This right was referenced on account of
Kharak Singh v. State of Uttar Pradesh
where Justice Subba Rao J., in a popular judgement, stated:
“The right to personal liberty in Article 21 can be defined as a right to be free from restrictions or
encroachment that are directly imposed or indirectly brought about by calculated measures.”
The association between the right to individual freedom and right to protection under
Article 21 was additionally underscored on account of Govind v. State of Madhya Pradesh15
The court additionally held that the right to security in Article 21 ought to be deciphered in
congruence with India's global commitments under the International Covenant on Civil and
Political Rights. A demonstration of sexual harassment is an infringement of a women‟s
privilege of protection and furthermore an infringement of her entitlement to individual freedom
and life under Article 21.
FUNDAMENTAL DUTY AND DIRECTIVE PRINCIPLE OF STATE POLICY
Part IV of the constitution of India gives some essential obligations to the resident by its 42nd
amendment 1972. Article 51 (a) of the constitution gives that it will be the obligation of each
resident of India to keep the Constitution and regard its goals and organisations.This Article incorporate the standards of gender fairness and nonseparation on the ground of sex
revered in the quality code of the Constitution.16
Article 51 (a) (e) additionally incorporates that all residents to deny rehearse deprecatory to the
dignity of women. It is the key obligation of every resident to regard the dignity and honor of
women and to deny disparaging practices. The accompanying Directive Principles of State
Policy are applicable to the avoidance of sexual harassment at workplace:
Article 38 charges the state to get a social request, which advances social, monetary
and political equity, and to endeavor, specifically, to limit imbalances in status,
offices and openings among individuals.
Article 39 characterized that the state should coordinate its arrangement towards getting that all
residents, people similarly, reserve the privilege to a sufficient method for vocation and that there
is equivalent compensation for equivalent work for the two people. It likewise necessitates that
the state will try to guarantee that the wellbeing and strength of labourers, people, are not
manhandled.
Article 41 necessitates that the state will, inside the restrictions of its financial limit and
advancement, make a powerful arrangement for tying down the right to work.
CONSTITUTIONAL REMEDIES
Sexual harassment of women at workplace is a gross infringement of essential right ensured to a
limited extent III of the constitution of India. So, a woman who has been sexually annoyed by
anybody can go to certain established cures which accommodated the infringement of the basic
right. Article 32 of the Constitution of India gives the right to move the Supreme Court through
Writ request for the authorization of the Fundamental Right in Part III. As per this article any
woman who has been sexually bugged by any man can go to the Supreme Court however proper writ appeal for the authorization of essential right must be made. Additionally Article 226 of the
Constitution of India accommodates the right to go to the suitable High Courts for the
implementation of key rights and furthermore other legitimate rights.
The right to move toward the Supreme Court for the authorization of essential rightsThe right to
move toward the Supreme Court for the authorization of essential rights under Article 32 is itself
a principal right.
There are different significant benefits of utilizing the protected cures in Article 32 and 226 in
the instances of sexual harassment at workplace. The degree of Article 32 and 226 and the
explanation of the substance of significant rights have been expanded. The Vishaka guideline is
itself an instance of this broad part embraced by the court. In addition, the summary of
significant rights inside the articulations „life and personal liberty‟ of Article 21 consolidates the
right to protection and relative rights that are of significance to an occasion of sexual
harassment.
The court is equipped for advancing new new principles of responsibility and new remedies
under Article 32 and 226 to maintain significant rights to cover the entire until the lawmaking
body interferes in or until the authority delivers its part. In respecting a fix in a writ proceeding,
the court need not confine itself to the interests of the specialist and the respondent alone. The
court will in like manner consider the interests of general society wherever with a point of view
to ensure that open bodies or specialists don't act illegitimately in the arrival of their open
commitment and make an effort not to crash and burn in their open commitment to get the
crucial rights of residents.
CRIMINAL LAW PROVISION
In the present scenario, the violence and the increasing crimes against women is witnessed by
everyone across the world in some or the other manner. It indicates the enormity and pensiveness
of the monstrosity perpetrated against women in recent years. The global crusade for the
decimation of violence against women is a proof to this fact. The changes in the living standards,
lifestyle, imbalance in the economic growth, changes in social ethos and meagre concern for the
moral values contribute to a vicious outlook towards women due to which there is multiplication
in crimes against women. Moreover, such incidents are a matter of grave concern and its
structure is absolutely necessary so that the women of India could live with respect, honour,
dignity, liberty and peace in an atmosphere free from atrocities, denigration and heinous crimes.
There are many legal provisions which punish the culprits committing offences against women.
The Indian Penal Code though, provides provisions for women as a victim of many crimes such
as murder, robbery, theft, etc. but there are certain crimes which are diametrically characterised
against the women known as ‘Offences Against Women’. With the need of the hour, many new
socio-economic offences have been enacted accompanied by various amendments in the existing
laws with an objective to combat these crimes effectually.
This act was introduced to provide a comprehensive framework for addressing and preventing
sexual harassment of women at their workplace. It defines sexual harassment, outlines the duties
of employers, establishes internal complaints committees, and prescribes penalties for non-
compliance .While the IPC itself has provisions related to crimes against women, the specific
inclusion of workplace safety provisions reflects the recognition of the unique vulnerabilities
women may face in professional settings and the need for targeted legal mechanisms to address
such issues effectively. Additionally, amendments to existing sections of the IPC, such as
Section 354 (outraging the modesty of a woman) and Section 509 (word, gesture, or act intended
to insult the modesty of a woman), have been made over time to broaden the scope of protection
and ensure that various forms of harassment and violence against women, including those in the
workplace, are adequately addressed under the law.
Crimes against Women under the Indian Penal Code, 1860
The Indian Penal Code, 1860, lays down the provisions to penalise the culprit for the heinous
offences against women. Various sections under IPC specifically deals with such crimes.
1. Acid Attack (Sections 326A and 326B)
2. Rape (Sections 375, 376, 376A, 376B, 376C, 376D and 376E)
3. Attempt to commit rape (Section 376/511)
4. Kidnapping and abduction for different purposes (Sections 363–373)
5. Murder, Dowry death, Abetment of Suicide, etc. (Sections 302, 304B and 306)
6. Cruelty by husband or his relatives (Section 498A)
7. Outraging the modesty of women (Section 354)
8. Sexual harassment (Section 354A)
9. Assault on women with intent to disrobe a woman (Section 354B)
10. Voyeurism (Section 354C)
11. Stalking (Section 354D)
12. Importation of girls upto 21 years of age (Section 366B)
Word, gesture or act intended to insult the modesty of a woman (Section 509)
This article further scrutinizes and expounds some of these odious and punishable offences as
mentioned under the Indian Penal Code, 1860.
OBSCIENTY
Section 294 of IPC applies when the liable party has done any revolting demonstration in an
open spot or has sung introduced or verbalized in or near any open spot; and has so aggravated
others.18 In the work put associated with exercises may fall under the disgusting
demonstrations.Signals explicitly or normally copying or addressing sexual development would entirety to revolting signs. Setting revolting material in one's up close and personal or authority
impacts, e.g., in the sack, in the records or among whatever different gadgets or executes of
work, in a PC, etc.obscene material may use contraceptives, unequivocal or like substance, or
express pictures or various portrayals. The possibility of revoltingness or indecency is a piece of
the greater body of our plan of social significant quality. Social moral quality is something,
which has the vocal and implied underwriting of the overall population. What is past the
recognized and developed norms of society will be exploitative.
ASSAULT OR CRIMIAL FORCE
Section 354 of IPC manages Assault or criminal power to women with the plan of insulting her
modesty. Whoever assaults or uses criminal capacity to any women, hoping to stun or realizing
that it generally will be likely that he will subsequently insult her subtlety, ought to be rebuked
with confinement of one or the other portrayal for a term which may expand to two years, or
with fine, or with both. An offence is supposed to be submitted under region 354 when: There is
criminal usage of force on any woman and Firstly, this trap or criminal use of force is either with
the objective to affront the unpretentiousness of a women or Furthermore, the individual should
understand that almost certainly, thusly he will insult her subtlety, Necessity of showing snare or
criminal force under territory 354 of the IPC. Under section 350 of the IPC a man is said to
utilize criminal power when he utilizes power on someone else either to submit an offence or
realizing that it will cause damage, trepidation or inconvenience to someone else.19
Under section 350 of the IPC “a person is said to use criminal force when he uses force on
another person either to commit an offence or knowing that it will cause injury, fear or
annoyance to another person.
a. In case of sexual harassment, criminal power is utilized on the off chance that anything the
woman is wearing, or currently possesses is moved or its state is changed or altered to scare or
irritate her;
b. If a woman is moving in a cart or vehicle and something is tossed upon her, or the
development of the vehicle is discouraged it will likewise add up to utilization of criminal
power;
c. Leaving a scary/irritating message on the PC she works at, on the dividers ofher office, or the
authority archives she manages, or sending any scary or irritating message to her cell phone will
likewise add up to utilisation of criminal power. Pointlessly examining her private reports or
convincing her to give clarifications superfluously combined with overt or covert requests for
sexual kindnesses will fall in the scope of the section;
d. While passing by in a workplace, if a male partner lifts or hauls or moves fabrics worn by a
woman (eg. Dupatta, Saree, Scarf, Shawl and so on,) realizing that he is subsequently prone to
frighten, harm or pester her.
DEFAMATION
Under Section 499 of the IPC, a man is said to defame another person exactly when the
individual, knowing or having inspiration to believe that such attribution will hurt the reputation
of another person, makes a credit against that person. Any such attribution should have been
made or conveyed by words chatted on the other hand wanted to be examined, or by signs or
clear portrayals. A prompt or underhanded attribution harms the reputation of another person
when it: In the assessment of other individual cuts down the great or insightful character of that
individual; or brings down the personality of that person in enthusiasm for his position or calling;
or Causes it to be believed that the body of the individual is in a damned state; then again In a
state all around considered as shameful. Sexual harassment of women at work spot can be
contended under this portion considering the going with reasons. Attribution with respect to the
personality of a woman labourer's up close and personal associations.
CRIMINAL INTIMIDATION
As indicated by section 503 of the IPC, the criminal terrorizing happens when:
“Whoever threatens another with any injury to his person, reputation or property, or to the person
or reputation of any one in whom that person is interested, with intent to cause alarm to that
person, or to cause that person to do any act which he is not legally bound to do, or to omit to do
any act which that person is legally entitled to do, as the means of avoiding the execution of such
threat, commits criminal intimidation”21
This section will cover a condition where a woman at her work spot is weakened with hurt for
contradicting, sexual harassment and conditions where she is incapacitated with damage to her
family or business. A female agent is subverted with negative outcomes, for not going with the
business or the unparalleled for a film or an event, etc., A female delegate is sabotaged with
basic outcomes if she holds up a complaint against goading; A female delegate who has as of
now held up a protest is sabotaged not to seek after the matter further.
HARM THE MODESTY OF WOMEN
Section 509 of IPC manages word, gesture or act expected to affront the insult the modesty of
woman: “Whoever, planning to affront the unobtrusiveness of any women, articulates any word,
makes any solid or signal, or shows any article, meaning that such word or sound might be
listened, or that such signal or question should be seen, by such woman, then again interrupts the
security of such woman, should be rebuffed with basic detainment for a term which may reach
out to one year, or with fine or with both.
The Criminal Law (Amendment) Act, 2013
The Supreme Court, High courts and the Law Commission of India have every now and then
repeated the requirement for fitting revisions in the considerable and procedural laws for
handling the issue of sexual offences against women however are as yet remaining dangers. The
Delhi High Court has had an event to explain the between sexual harassment and sex based
separation in a law where a woman specialist asserted harassment and segregation by a senior
male specialist. It brought up while sexual harassment was a type of sex based separation, the
woman could cover a wide scope of acts of commissions and exclusions. Which were not
restricted to acts that participated in expressing unsatisfactory sexual acts or innuendoes. For
example, the utilization of „oppressive and grating language‟ and „ascription of the ability of an
individual simply because such individual is of a specific gender‟ were matters that would be
covered under the articulated sex-based separation. This judgement has explained the connection
between oppressive actions and acts of sexual harassment and that shocking conduct could fall
inside the forms of both sexbased segregation and sexual harassment.23 In the current case, while
the applicant had held up grievances of sexual harassment against her boss, the supposed culprit
of harassment had likewise stopped objections against the expert skill of the complainant. The
Delhi High Court featured that episodes of sexual harassment (Delshould not to be seen in
confinement. Counter charges are frequently recorded against the complainant as verified by the
Supreme Court .
WHY THIS PROVISIONS ARE IMPORTANT
This provision are necessary because the increasing rate sexual harassment cases in different
state in different years.The increasing rate of sexual harassment cases underscores the urgent
need for robust legal frameworks, effective enforcement mechanisms, and comprehensive
awareness campaigns to address this pervasive issue. Factors contributing to the rise in reported
cases may include increased awareness and reporting, changing societal attitudes, and a growing
recognition of the importance of addressing sexual harassment in various settings, including the
workplace. It's essential for organizations and governments to prioritize prevention efforts,
provide support to survivors, and hold perpetrators accountable through fair and transparent legal
processes. Additionally, fostering a culture of respect, equality, and zero tolerance for
harassment is crucial to creating safe and inclusive environments for all individuals
CONCLUSION
sexual harassment at the workplace can highlight the significance of both criminal and
constitutional provisions in addressing and preventing such behavior. Criminal provisions
typically involve legal consequences for offenders, acting as a deterrent, while constitutional
provisions emphasize the fundamental rights of individuals to a safe and respectful work
environment. By integrating both sets of provisions, legal frameworks can effectively combat
sexual harassment and promote a culture of respect and equality in the workplace.
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