The much awaited sexual harassment act which came into effect from 9th December 2013,nearly 16 years after the vishaka case, was expected to be a beacon of women empowerment and safeguard the most basic of intrest's of a working women,her dignity.
However, instead of answering all the questions,this act has rather left a gaping hole in the minds of the women or rather the public in large with regard to its effectiveness.
The act has several basic flaws at every level of it's creation,the fundamental level, the actual working level and so forth.The act gets many of the basics wrong.
Some of the major flaws can be seen as follows,
The Basic level
Conciliation process
There is a possiblity of conciliation between the parties,at the request of the victim only.
However this process which is of utmost importance at a sensitive case like that of sexual harassment is not foolproof.
Several things can go wrong,the negotiation scenario itself may end up causing a party an undue advantage as there is a certain power imbalance between the victim and the accused.
Also,the clause of keeping the name of the aggresor hidden under the cloak of confidentality may not end up well for others.Public naming is a societal need in such a scenario as the co workers need to know the identity of such a person to safeguard themselves from any such future act.
Furthermore,while this act gives the right to the committee to recomment compensation,it does not allow the award ot monetart compensation in the conciliation proceedings itself.
The logic for which is unimaginable as then one begins to question the very use of the conciliation process.
There are other problems with this process as well,in case the conciliation fails, then the act even gives the p...
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...suits and are non cognisable,which means that no police officer can take suo moto action on a case without any direction from a judicial magistrare.
This part has bascially barred the courts from directly intervening in any matter,the reason fro which is unclear.
The courts in the end are the best and supreme authority to judge any matter.However,in this case the act has shown more confidence on statues like internal complaint committee,people in which have basically no previous experience in handling such sensitive cases,then the courts.
In cases of such a delicate nature like that of sexual harassment,its best if the police officers may be able to take suo moto actions as most of the women do not easily come up to fight against this grave form of injustice.
So if the police officer himself may take matters into his own hands,it would be better off for the people.
Court stated that whatever the law may have been regarding charitable institutions in the past, it does not meet the conditions of today.
I take into consideration that instead of authorizing the state or professional to ratify and speak their mind, the most relevance to a case the court should take into consideration of what the victim seems fit as a fair punishment or payment in forms of restitution, whether it is labor or monetary to then go along with the judge 's sentence. “The Charter, apart from other things, sets forth that the victim should enjoy the same rights as the culprit. But it is not enough to put this in writing, the law has to be changed in such a way that the victim is not only not deprived of his say, but has rights at least equal to those enjoyed by the accused”. I agree with the previous quote due to the fact that victims should not be deprived from speech and equality. I believe that by having the original parties engaged rather than being driven to the side, society will be more concerned to make sure that everyone is given fair, equal and consistent resolution to a conflict. This would establish that the neighbourhood and state have a set of shared values and goals that they are working towards to support social order. “At present, the role of a victim of a crime is only at the periphery of the criminal justice delivery system. Once the first information is furnished, the only stage at which the victim comes into the picture is when she is called upon to give evidence in court by the prosecution. The victim virtually
treating them as they treated the victim for reasons that did not require brutal force, but in
...nancial. However, as set out by the Court in Allied-Bruce and Southland Corp the FAA confines the level to which any given state court and statue can circumvent the specified purpose of the Act and limit the rights of involved parties who have arrived into arbitration arrangements (Hayford, 2000).
...s associated with decisions like this and they should be determined taking everything into light. (Hensley)
this is an exception for it does not aim to enforce one side of the
Lord Selborne in the case of Wilson v Northampton and Banbury Junction Rly Co[ (1874) 9 Ch App 279.] had outlined the purpose of specific performance. His Lordship stated that specific performance will only be granted when it can by that means do more perfect and complete justice. The purpose of granting specific performance is to ensure that justice can be uphold as perfect as it could be. However, the specific performance will only be granted when there is inadequate and insufficient remedy of damages to any case of breach of
Harassment has been an issue in the work force and in many other fields for decades, leading all the way back up to 1964. The United States Congress passed Title VII of the Civil Rights Act, prohibiting discrimination at work on the basis of race, color, religion, national origin and sex. There are many different types of harassment that many do not even know that they can be accused for. Through out my research I will be naming every type of harassment and presenting an article for each topic.
It was argued by Cheung the reference by Lord Scott in Gamlestaden is still a summary of principles derived from Re Chime Corp. It is submitted that the reading of the case of Gamlestaden as it is does not state any criteria to allow corporate relief in unfair prejudice petition but rather the decision just endorsed that the court “may make such order as it thinks fit for giving relief in respect of the matters complained of” under an unfair prejudice petition. This could be a cautious approach not to restrict the ability of the court to may make such order as it thinks fit which would not be available if a test is introduced.
What comes to mind when you think of sexual harassment? Most people picture an individual grabbing another individual unwillingly in attempt of committing nonconsensual sex. However, sexual harassment can be something as insignificant as being called something negative. It is anything that makes a person feel uncomfortable about his/her sexuality. According to the law, sexual harassment is anything from unwelcome sexual advances and requests for sexual favors to verbal statements of a sexual nature. It violates Title VII of the Civil Rights Act of 1964. The Sexual Harassment Policy, which is currently in place in all schools and work places, is aimed at providing an educational and work environment free of harassment. This includes sexual harassment and every form of intimidation or exploitation.
Sexual Harassment in the workplace is defined as “offensive or pervasive conduct in the workplace related to a person’s sex that negatively affects a reasonable person’s employment.”(aauw.org) Sexual Harassment violates Title VII of the Civil Rights Act of 1964 because it is a form of sex discrimination. According to aauw.org, Title VII is “a federal law that prohibits discrimination in employment on the basis of sex, race, color, national origin, and religion, and it applies to employers with 15 or more employees, including federal, state, and local governments.” Victims of sexual harassment in the workplace may feel like there is nothing they can do about the situation....
The Equal Employment Opportunity Commission (EEOC), under Title VII of the Civil Rights Act of 1964, defines sexual harassment as a behavior of a sexual nature that affects an individual’s terms of employment or creates a hostile and intimidating work environment. According to the EEOC, it is “unlawful to harass a person, an applicant, or employee because of that person’s sex.” (Sexual Harassment) The term “sexual harassment” can be a bit misleading as other forms of work related harassment can take place that have nothing to do with ‘sex’ but do however, fall under the same umbrella. We will look to identify the different types of sexual harassment in the workplace, specifically, ‘Quid Pro Quo’ and what it’s like to work in a ‘Hostile Work Environment’. This paper will focus on the law, woman’s rights in the workplace, and discuss an example from the Supreme Court Case of: Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986).
In 198 women filed a total of 3,661 charges of sexual harassment and exploded to 14,420 in 1994, and continue to grow. This has brought on a lot of lawsuits that the Equal Emplyment Opportunity Commission (EEOC) got involved to make sure that sexual harassment to be a form of gender discrimination. They recommend that Human Resources staff should get involved immediately to resolve the problems but many times the person has already contacted an lawer and then claim legal remedies.
In our society sexual harassment has been in the workplace for years. The use of sexual harassment in the workplace has been remembered best as a weapon used to keep women in their place which would cause them to forfeit promotions within their organizations. It was once believed that women were the only victims but the shift is now changing men are also reporting that they are also victims of sexual harassment on the job. In 1964 the Civil Rights Act was passed and employers began to recognize that they were liable for two types of sexual harassment. The first kind of harassment is Quid pro quo when a supervisor offers the employee sexual advances in order to get or keep a job, and also this harassment is used to determined if an individual will get a promotion. The second form of harassment is when supervisors or coworkers make working conditions hostile and unbearable. In both instances the legal ramification will cost an organization to suffer a financial loss in productivity, time, and money. Throughout this research my finding is that it's to the company's best interest to provide a clear policy on sexual harassment.
Sexual harassment in the workplace is a huge problem in recent history. It can happen to anyone and it can happen everywhere. It can affect all types of races, gender and age. Statistics today shows that more and more sexual harassment has become an issue due to the large number of cases presented. Mainstream media becomes consume covering sexual harassment because of the high profile cases. Sexual harassment becomes a topic on various TV shows, and on some major morning radio talk shows mostly everyday. Sexual harassment laws must be strengthened in order to fix what has become a serious problem today in the workplace.