Law: Prospectus of Government Medical Colleges in Punjab

Section: 2(h),4(4),8

(a) Protection against Harassment of Women at the Workplace Act (IV of 2010)--- ----Ss. 2(h), 4(4) 8---Harassment---Scope---Meaning of the term harassment as given in S.2(h) of the Protection against Harassment of Women at Workplace Act, 2010 was only restricted to conduct which was sexual in nature---All other acts of harassment that fell beyond the pale of restricted definition of actionable harassment under S.2(h), could neither be made cognizable or punishable by the Inquiry Committee and/or the Ombudsman. The Protection against Harassment of Women at Workplace Act, 2010 (2010 Act) confines or limits its application to sexualized forms, including orientation of unwanted or unwelcome behavior, or conduct displayed by an accused person towards a victim in any organization. Any misdemeanor, behavior, or conduct unbecoming of an employee, or employer at the workplace towards a fellow employee or employer, in any organization, may it be generically classifiable harassment, is not actionable per-se under the 2010 Act unless such behavior or conduct is shown to be inherently demonstrable of its sexual nature. Any other demeaning attitude, behavior, or conduct which may amount to harassment in the generic sense of the word, as it is ordinarily understood, howsoever grave and devastating it may be on the victim, is not made actionable within the contemplation of actionable definition of harassment under section 2 (h) of the 2010 Act. The aggrieved person under the provisions of the 2010 Act, had the responsibility to prove that the perpetrator truly had an accompanying sexual intention or overture with his act, demeanor, behavior, and/or conduct. Shahina Masood and others v. Federal Ombudsman Secretariat for Protection against Harassment of Women at Workplace and others 2020 PLC (C.S.) 186 and Vishaka Guidelines formulated after the seminal decision in Vishaka v. State of Rajasthan by the Supreme Court of India, concerning the gangrape of Bhanwari Devi, a Dalit women, in 1992 ref. The 2010 Act has specifically been legislated to protect not only working women but men as well but only against harassment having sexual nature at the workplace and, therefore, any…

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