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ABSTRACT

The idea of '' social change'' evinces dimension of some of the characteristics of a group of
people. If any action which affects a group of people who shared values or characteristics can be
said as ''social change.''
Law is an important mechanism for regulating society. It also brings about amazing social
change. India is a country of contradictions. Lavish buildings exist alongside slums and even the
most advanced cities in our country have problems such as rising crime rates and poverty. In
such a situation, law can definitely be an instrument of social change. Landmark legislations
worldwide which have been effectively implemented ensure that social change becomes a reality
Sexual Harassment means Sexual harassment in the workplace is usually associated with a
heterosexual employee making unwelcome sexual advances to another heterosexual employee of
the opposite gender. There are also cases where a homosexual employee harasses an employee of
the same sex. But can a heterosexual employee sexually harass another heterosexual employee of
the same gender
Sexual harassment in India is termed Eve teasing and is described as: unwelcome sexual
gesture or behaviour whether directly or indirectly as sexually coloured remarks; physical
contact and advances, showing pornography; a demand or request for sexual favours; any other
unwelcome physical, verbal/non-verbal conduct being sexual in nature. The critical factor is the
unwelcomeness of the behaviour, thereby making the impact of such actions on the recipient
more relevant rather than intent of the perpetrator. According to Indias constitution, sexual
harassment infringes the fundamental right of a woman to gender equality under Article 14 of the
Constitution of India and her right to life and live with dignity under Article 21 of the
Constitution. Although there is no specific law against sexual harassment at workplace in India.
As observed by Justice ArjitPasayat: While a murderer destroys the physical frame of the
victim, a rapist degrades and defiles the soul of a helpless female.
In this case Supreme Court laid down the following guidelines which recognized it not only as a
private injury to an individual woman but also as the violation of her fundamental rights. These
guidelines are significant because for the first time sexual harassment is identified as a separate
category of legally prohibited behavior. These are subjected to all workplaces until any other

legislation is passed by parliament in this regardbased on the Vishaka guidelines, the


Government of India, together with the civil society has proposed several draft laws between
2005 and 2010. However, the latest draft Protection of Women against the Sexual Harassment at
the Workplace Bill, 2010, introduced in the Parliament on December 7, 2010 is entirely a
government version; the absence of civil society consultation on this draft is acute.