CONCLUSION and RECOMMENDATIONS

Finally, on the basis of the above study, it is quite reasonable to conclude that despite of all initiatives taken by the Government; this grievous form of crime against women is indicating a rising trend in our society. And the increasing cases of sexual harassment of women at workplace highlight the denial of justice not only because of certain inherent faults regarding some critical areas in the present Act and regulations but also due to the non-implementation and non-enforcement of a law relating to the same issue.

Thus, certain essential amendments to the Act and regulations sought to be brought about along with initiatives to be taken for their proper and effective implementation. Mere adoption of a definition is not enough. The policy makers yet need to accept and adopt seriously several recommendations forwarded by CEDAW in 2007. It is a fact that beyond a cosmetic and superficial acknowledgment about the existence of such harassment by and large, reluctance has been shown by most organizations to set up institutional mechanisms for redress despite the existence of Supreme Court guidelines and the notional presence of an Act and regulations. So, it exists even where there are guidelines as well as laws for the protection of women. The reasons have ranged from lethargy to a lack of understanding of the significance of such mechanisms for women to an illogical apprehension of the law being misused. Therefore, even after years, justice has remained elusive for the aggrieved women.

Finally, on the basis of the conclusion drawn of the study, the following solutions are being recommended: First of all, the faulty and controversial clauses in the present Act and Regulations need to be considered and amended in the light of the recommendations of committee on CEDAW constituted at global level and provisions of various international covenants providing status of equality and removing all kinds of discrimination against women particularly which have been ratified by India.

Long term, durable reformative policies in law enforcement architecture aiming to ensure substantive equality for women need to be adopted. For the achievement of this purpose, recommendations forwarded by CEDAW in 2007 for the establishment of monitoring mechanisms need to be adopted seriously and made an important part of present Act and Regulations, for the proper and effective implementation of the law regarding sexual harassment of women at workplace.

Like United States, the recent Act needs to be amended imposing vicarious liability on the shoulder of the employers so as to provide them with enough and sufficient incentive for performing their role in creating a harassment-free environment at the workplace thereby curbing this heinous crime. Additionally, certain amendments need to be made in the Payment of Wages Act, 1936 of India for the purpose of removal of the restrictions imposed by this enactment on the deductions to be made from the salary of the employee by the employer at the recommendation of the Internal Committee in case when the allegation has been proved against that alleged employee.

Lastly, both a top-down initiatives by the State and employers and civil society initiatives from citizens’ groups, women’s organizations and trade unions need to be taken in order to effectively ward off sexual harassment at workplace completely.”

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