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Sexual Harassment at Workplace: Judicial Impact in Nigeria and India

Aina-Pelemo Adetutu Deborah, Research Scholar, School of Law, Sharda University, Greater Noida, Uttar Pradesh 201310, India. , Aina-Pelemo Adetutu Deborah* , Mehanathan M.C.** , Kulshrestha Pradeep***

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Indian Journal of Law and Human Behavior 4(2):p 208-221, Jul-Dec 2018. | DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.4218.8

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Abstract

  Sexual harassment in the workplace is a form of discrimination which has been universally and unambiguously prohibited by a plethora of Laws. However, it is left to judicial interpretation to determine its scope. This situation is worsened where there is no explicit definition of discrimination under the Labor System of a jurisdiction. Completely borrowing from International Treaties and subsuming Employment Law under the Constitution will make such rights illusory and insignificant. Thus, this paper seeks to examine the arduous efforts initiated in the judicial systems of Nigeria and India, in particular how these have impacted on both Societies. To address the research questions formulated, cases, rules, legislation and relevant literature from both countries were examined. The study concludes that Comprehensive domestic legislation is wanting in Nigeria while consistent diversified awareness measures are required in India.

Keywords: Comparative Study; Discrimination; Human Behavior; India and Nigeria; Judicial Impact; Sexual Harassment at Workplace.

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DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.4218.8

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