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The Convention of the Elimination of all Forms of Discrimination against Women (CEDAW); one of the most comprehensive and dedicated initiative of the UN towards protection and empowerment of women came into force on 3rd September 1981. India has also signed the convention on 3rd July, 1980 and ratified it on 25th June, 1993 with a NEUTRAL CITATION NO. 2025:MPHC-GWL:13855 25 WP-5625-2020 declaration to eliminate violation of women's rights whether by private persons, groups or organizations.

CEDAW Convention has adopted intentional standards in relation to sexual harassment at workplace under various Articles with hallmark of basic human rights:

(a) the right to work is an inalienable right of all human beings;
(b) the right to protection of health and to safety in working conditions;
(c) the Convention committee recognized: sexual harassment as 'unwelcome sexually determined behaviour [such] as physical contact and advances, sexually coloured remarks, showing pornography and sexual demands whether by words or actions. If further elaborates that "such conduct can be humiliating and may constitute a health and safety problem; it is discriminatory when the woman has reasonable grounds to believe that her objection would disadvantage her in connection with her employment, including recruiting or promotion, or when it creates a hostile working environment."

The Indian judicial experience with sexual harassment started with the case of Vishaka and others v. State of Rajasthan and others, (1997) 6 SCC 241. The case dealt with the brutal gangrape of Bhanwari Devi, a social worker involved in the activity of spreading awareness to end child marriage in the State of Rajasthan.

NEUTRAL CITATION NO. 2025:MPHC-GWL:13855 27 WP-5625-2020 The Hon'ble Supreme Court decided to use this opportunity to provide a protective umbrella to women exposed to hazardous social environment and sexual harassment/exploitation at workplace at the hands of male workers, defying gender equality with masculine power and influence rendering women at workplace a vulnerable class of victim. Through the judgment for want of codified law in the field, the Hon'ble Supreme Court has adopted the general recommendations of CEDAW and the Beijing Declaration and the Beijing Platform For Action professing elimination of all forms of discrimination against women, removal of all obstacles to gender equality, the advancement and empowerment of women to prevent and eliminate all forms of violence against women and to ensure women's equal access to economic resources.

29 WP-5625-2020 message of international instruments such as the Convention on the Elimination of All Forms of Discrimination Against Women, 1979 (CEDAW) and the Beijing Declaration which directs all State parties to take appropriate measures to prevent discrimination of all forms against women besides taking steps to protect the honour and dignity of women is loud and clear...."