ABSTRACT of Law and Justice in Globalizing World

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  • 8/16/2019 ABSTRACT of Law and Justice in Globalizing World

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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

    exual !arassment means exual 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. "ut can a heterosexual employee sexually harass another heterosexual employee of 

    the same gender 

    exual harassment in India is termed #$ve 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 re(uest 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. +ccording to Indias constitution, sexual

    harassment infringes the fundamental right of a woman to gender e(uality under +rticle - of the

    /onstitution of India and her right to life and live with dignity under +rticle 0- of the

    /onstitution. +lthough there is no specific law against sexual harassment at workplace in India.

    +s observed by 1ustice +r2it3asayat& #4hile a murderer destroys the physical frame of the

    victim, a rapist degrades and defiles the soul of a helpless female%.

    In this case upreme /ourt laid down the following guidelines which recognized it not only as a

     private in2ury 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 sub2ected to all workplaces until any other 

    http://en.wikipedia.org/wiki/Eve_teasinghttp://en.wikipedia.org/wiki/Eve_teasing

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    legislation is passed by parliament in this regardbased on the 5ishaka guidelines, the

    6overnment of India, together with the civil society has proposed several draft laws between

    0778 and 07-7. !owever, the latest draft 93rotection of 4omen against the exual !arassment at

    the 4orkplace "ill, 07-7, introduced in the 3arliament on :ecember ;, 07-7 is entirely a

    government version the absence of civil society consultation on this draft is acute.