A long time after the Vishakha judgment India enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 which made it mandatory for the employer to create Internal Complaints Committee and Complaint Committee to investigate complaints and seek compensation or advice the management to file a police complaint. The Act crystallized the need for protection of women at workplace but at the same time it gave a massive amount of discretion to the management or the employer to pressurize the woman who complains. The Committee constituted by the employer can be influenced and can dismiss a complaint on the grounds of being frivilous due to lack of evidence and impose penalty on the woman. Further, a major portion of women work in the informal sector and they are not covered by this Act rendering it useless for majority of women working in this sector. Although the emphasis has always been on protecting women but over a period of time, there is an increased amount of cases where men have been subjected to sexual harassment by women. This indicates that there is a need to curb the inherent attitude towards sexual harrassment which cannot be addressed till we have gender neutral laws.
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