To the international community, India does not enjoy a positive reputation with respect to human and civil rights. However, progress has been made over the past two decades. In the U.S., human and civil rights are cornerstones of American ideals, like freedom and tolerance, but that does not always protect the individual from abuse. Sexual harassment is a problem in both the U.S. and India. If we compared sexual harassment laws and approaches to retribution against it in both countries, we see many similarities and a few distinct differences. One of these differences is the age of sexual harassment legislation in each country. The U.S. enacted legislation making sexual harassment a form of sex discrimination via Title VII of the Civil Rights Act of 1964 (Facts 1). India, on the contrary, did not enact such legislation until nearly forty years later when, in 1997, the Supreme Court issued guidelines on sexual harassment (Supreme 1).
Both of these pieces of federal legislation afford protection from sexual harassment to individuals, and both define the circumstances and varieties of offenses they legally define as sexual harassment. From a quick review of each country’s federal legislation on sexual harassment, we can see both similarities and differences:
Victim as well as harasser may be a woman or a man. Victim does not have to be of the opposite sex.
Harasser can be victim’s superior, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
Victim does not have to be the person harassed, but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
Harasser’s conduct must be unwelcome.
A demand or request for sexual favors.
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