A Critical Review Of The Conciliation Provision Under Sexual Harassment Of Women At Workplace Act

Main Article Content

Dr. Denkila Bhutia

Abstract

The Sexual Harassment of Women at Workplace Act was passed in order to prevent and provide safeguard to working women against sexual harassment and to provide effective remedies against complaints of sexual harassment. However, the law also provides the aggrieved woman the choice to opt for conciliation after she has filed a complaint of sexual harassment against the respondent. Thus, the paper examines that the conciliation provision should be removed from the statute as it contradicts the purpose of the 2013 Act. The method used in the research study is doctrinal which involves descriptive and analytical study.

Downloads

Download data is not yet available.

Article Details

How to Cite
Dr. Denkila Bhutia. (2023). A Critical Review Of The Conciliation Provision Under Sexual Harassment Of Women At Workplace Act. Journal of Advanced Zoology, 44(S7), 1411–1416. https://doi.org/10.53555/jaz.v44iS7.3260
Section
Articles
Author Biography

Dr. Denkila Bhutia

Assistant Professor, Department of Law, Sikkim University (A Central University) Gangtok, Sikkim

References

Agarwal, H.O. (2006). Human Rights, Central Law Publications.

Agrawat, P. et al. (2023). Sexual Harassment at Workplace: A Study on the Policies and Preventive Measures, Vol. XI Issue 2s, 274 Russian Law Journal SEXUAL HARASSMENT AT WORKPLACE A STUDY ON THE POLI.pdf

Bothra, N. (2014). The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, 1 SSRN-id2498990 (1).pdf

Chaturvedi, M. (2019). What is Sexual Harassment and How to Conduct Inquiry as per Service Rules, Notion Press.

Dixit, S (2019). A Critical Study of Principles and Procedure of Conciliation under Arbitration and Conciliation Act 1996,” Legal Service India.com, http://www.legalservicesindia.com/article/ 725/Principles-&-Procedure-of-conciliation-uns

Dutta, P. (2023). Sexual Harassment of Women at Workplace: A Primer on the Law, India Law Journal.

Jiloha, R. C. (2021). Sexual Harassment of Women at Workplace: Mental Health and Social Aspects. Sage Publication.

Justice Verma, Justice Seth & Gopal Subramanium, Report of the Committee on Amendments to Criminal Law, 127 2013, jsvermacommittereport.pdf (spuwac.in).

Latest Laws. Com, 27 Dec 2019, Know why National Commission for Women sought removal of 'Conciliation' from Sexual Harrassment Law (latestlaws.com)

Roy, A. (2021). How to Carry Out Conciliation Under the POSH Act, How to Carry Out Conciliation under the POSH Act (ungender.in)

Shinde, U. (2012). Conciliation as an Effective Mode of Alternative Dispute Resolving System Volume 4, Issue 3 (Nov. - Dec. 2012), pp 01. IOSR Journal of Humanities and Social Science (JHSS).

Sarpotdar, A. (2020), Examining Local Committees under the Sexual Harassment of Women at Workplace Act, Vol. LV No. 20, (May) EPW, 52 8 EPW VOL LV NO 20.pdf .

Subash, C.K & Bansal, J. ( 2018). A Critical Analysis of Sexual Harassment of Women in India: Laws, Issues and Preventive Measures. In u. Arora, H. Sharma & M. Shreshtha (Eds.) ASSEMBLAGE An Anthology of Business and Management Research (p. 274). Wisdom Publication.

Supreme Court of India (1997), Vishaka & Ors v. State of Rajasthan & Ors 1997, 6SCC 241 [Vishaka & Ors vs State of Rajasthan & Ors on 13 August, 1997 (indiankanoon.org)].