There is a vast difference between what laws prescribe and how they are implemented. These differences exist at various levels and stages: judgements are often delayed, corruption is rampant, and other well-known ailments plague the delivery of justice in our nation. At the very first stage however, justice fails when victims choose not to report a matter or decide it is not worth their while. Women especially feel uncomfortable in suing for their rights.

In order to uphold women’s rights at their workplace, a landmark judgement was delivered in Vishaka v. State of Rajasthan. Furthermore, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 was enacted recently. On paper, the laws are comprehensive and robust. However, Advocate Naina Kumar points out that sexual harassment cases are grossly under-reported.

Sexually harassed women do not speak up for a variety of reasons. They may be discouraged by friends or family; they may be afraid of losing their job, their reputation; they may feel ashamed, etc. A key reason is that they do not want to be stereotyped.

Laws must not give rise to, or contribute in any way to labeling and stereotyping. While laws protecting women’s rights are necessary, they must include men within their ambit wherever and whenever possible.

Feminism is based on the premise that men and women must be treated equally. However, the above-mentioned Act does not protect men from sexual harassment at the workplace. Aggrieved men who face sexual harassment at their workplace are denied justice under the Act. Furthermore, the law may deter men who face such harassment from speaking up on account of its portrayal as a women’s issue.

Women are singled out as potential victims in the above mentioned Act. Being isolated in such a way may add to the stigma she suffers, and may further prevent her from reporting a case of sexual harassment. An overwhelming number of women are afraid of being seen as troublemakers. The exclusion of men as victims of sexual harassment makes women more conscious of speaking up. Furthermore, such one-sided legislation may yield lower numbers of women being recruited in the workforce.

Drawing a close association between women’s rights and workplace sexual harassment could have adverse consequences. Sexual harassment law on the whole is currently lopsided. There seems to be little legal recourse for men who are sexually harassed at work. We must protect women, men, and the workplace from sexual harassment. Without an equal focus all women and men have something to lose.