Sex-Based Harassment: An Essay on U.S. and Indian Responses
WOMEN’S RIGHTS AND GENDER EQUALITY (Gurpreet Randhawa, et al., eds., 2015, Forthcoming)
20 Pages Posted: 26 Aug 2015 Last revised: 12 Sep 2015
Date Written: March 15, 2015
This Essay examines particular laws of India and the United States (U.S.) that prohibit sexual harassment and champion the dignity and equality of not only females, but also gender nonconforming and LGBTI people. Both India and the U.S. have constitutional provisions that guarantee the equality of citizens. Both have provisions that protect life, a term that courts interpret to include dignity and privacy. Implementation of relevant laws remains a problem in both countries. Additionally, the narrow definition of sexual harassment in India and the limited understanding of the definition of "sex" in both the U.S. and India impede reform where it is needed. This Essay offers suggestions for such reform and perhaps greater changes.
Keywords: equality, dignity, sex discrimination, sexual harassment, India, Title VII, LGBTI
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