Sexual harassment at workplace is an extension of violence in everyday
existence. It is a violation of important rights of a women to equality as in
line with Articles 14 and 15 and her right to live with dignity in Article 21 of
the constitution of India. Sexual harassment of girls is a worldwide phenomenon
regular every in advanced further to in developing international locations.
Cutting at some stage in religion, culture, race, caste, elegance and
geographical barriers it has spread like virus within side the society. It being
offensive to human dignity, human rights and gender equality.
In India a women is sexually compelled every 12 minutes. It being offensive to
human dignity, human rights and gender equality has emerges from gender
discriminatory attitudes and is a complex interplay of gender power and
sexuality. Sexual harassment is a habitual problem throughout the globe.
Different international locations have taken measures to cope with the effects
of this sort of problem. Due to industrialization, globalization, development in
numerous fields, characteristic of women is changing rapidly in India.
Today girls in India are showing improvement in nearly all the fields which
include training, economics, politics, media, art, region, and culture, company
sectors, technological knowledge and technology etc., As the feature of girls
gas shifted from own family art work to enterprise world, offences in the
direction of girls are also accelerated day with the resource of the usage of
day. Sexual harassment is currently decided as a reflect picture of male
predominance over women. Most of the times, men use their very own family
situations and monetary crisis. In case if any ladies show rejection they may
loses their job or it can have an impact on their job.
Definition Of Sexual Harassnent?
Section:2(n) of the POSH Act, describes sexual harassment as unwelcome acts or
behavior whether or not or now no longer immediately or through manner of way of
The Act Moreover Gives The Events Under Which An Act May Also Moreover Amount
To Sexual Harassment. These Are:
- Physical contact or advances
- A name for or request for sexual favors,
- Making sexually colored remarks,
- Showing pornography a few different unwelcome physical,
- Verbal or non-verbal conduct of sexual nature.
- implied or particular promise of preferential treatment in her
- implied or unique risk of adverse treatment in her employment or
- implied or precise threat about her present or future employment
- interference collectively along side her artwork or growing an
intimidating or offensive or unfavourable artwork environment or
- humiliating treatment likely to have an impact on her health or safety.
Definition Of Workplace
A administrative center is defined as any place visited the employee springing
up out of or at a few degree within side the course of employment, collectively
with transportation provided the agency for project this kind of journey. As in
keeping with this definition a place of work covers every the organized and
un-organized sectors. It moreover includes all locations of work whether or not
or now no longer owned with the resource of the use of Indian or distant places
corporation having a administrative middle in India.
As in keeping with section:2(n)(o) of the act describes place of job as:
Unorganized Sector Means
- Government organizations at the side of government company, companies
and co-operative societies
- Private region agencies, venture, society, trust, NGO or service
- Imparting services which may be enterprise, vocational, instructional,
sports, professional, entertainment, industrial, health related or monetary
- Hospitals, nursing homes,
- Sports institutes, a dwelling vicinity or house etc.,
Any business enterprise owned via an character or self-employed worker engaged
within side the production or sale of merchandise or supplying services of any
Any organization which employs much less than 10 personnel.
Two Types Of Forms On Sexual Harassment
(This for that)
Someone in a position of power demands a sexual favor in exchange for a benefit
or for not imposing a negative consequence.
Hostile Work Environment:
(includes except Quid-pro-quo)
Unwelcome conduct of a sexual nature or based on sex or gender so severe or
pervasive that it affects terms and conditions of employment so as to create a
hostile or abusive work environment.
Development Of Law On Sexual Harassment In India
Landmark judgment case Vishaka And Ors Vs. State Of Rajasthan And Ors
AIR 1997 SC 3011
The vishaka judgment workplace sexual harassment in India, come to be for the
very first time recognized with the resource of the use of the supreme court of
India in its landmark judgment. Vishaka and one of a kind women filed public
interest litigation in competition to state of Rajasthan and Union of India to
enforce the important fundamental rights of working women under Articles 14, 19
and 21 of the constitution of India.
The petition turn out to be filed after Bhanwari Devi, a social worker in
rajasthan have become brutally gang raped for stopping a child marriage. The
supreme court of India created legally binding hints basing it on the right to
equality and dignity accorded under the Indian Constitution further to the UN
Convention on the Elimination of all forms of Discrimination in the direction of
India finally enacted its law on prevention of sexual harassment against female
employees at the workplace. The sexual harassment of women at workplace
(Prevention, Prohibition and Redressal) Act, 2013 has been made effective on 23
April 2013 by way of publication in the Gazette of India. The judgment was given
by a 3 judge bench which held that the fundamental rights provided under Article
14, 15, 19(1)(g) and Article 21 of the constitution of India are violated by the
act of sexual harassment.
Vishaka Guidelines Were
It can be the duty of the agency or unique responsible oldsters in workplaces or
one of a kind institutions to prevent or deter the price of acts of sexual
harassment and to provide the techniques for the choice, settlement or
prosecution of acts of sexual harassment via taking all steps requied.
Sexual Harassment includes such unwelcome sexually determined behavior as:
- Physical contact and advances
- A name for or request for sexual favor.
- Sexually colored remarks.
- Showing pornography.
- Any distinct unwelcome physical, verbal or non-verbal conduct of sexual
Salient Features Of The Act From Guidelines
- Effective from April 23, 2013 the Act is applicable to the whole of
- The sexual harassment of women at workplace (prevention, prohibition and
redressal) Act, 2013 makes it illegal to sexually harassment of women in the
- This Act is only for women who are sexually harassed.
- A workplace can be any office, whether government or private.
- This Act defines sexual harassment at the work place and creates a
mechanism for redressal of complaints.
Process Of Filing A Complaints
A criticism of sexual harassment can be filed inner a time limit of 3 months.
This may be extended to another 3 moths if the girl can display that grave
events avoided her from doing the same. The act has a provision for
conciliation. The ICC/LCC can take steps to settle the hassle a number of the
aggrieved woman and the respondent, however this option is probably used best at
the request of the female.
The committee is wanted to complete the inquiry internal a time period of 90
days. On very last contact of the inquiry, the file might be sent to the agency
or the district officer due to the fact the case may be mandated to take
movement on the document within 60 days. In case the allegation in competition
to the respondent has now no longer been proved then the committee can write to
the enterprise/district officer that no movement desires to be taken within side
Internal Complaints Committee (ICC)
- Presiding officer must be a woman
- Not less than two members, who had experience in social work or have
- One person from NGO committed to cause of women or familiar with issues
relating to sexual harassment on allowance basis.
- Social worker with at least 5 years experience in the field of social
work with leads to creation of societal conditions favorable towards
empowerment of women.
- Organizations/establishments having more than 10 members
- ˝ of the total members should be women.
- The members shall hold office for a period of 3 years.
Local Complaints Committee (LCC)
- Presiding member must be a women.
- A chairperson from amongst the eminent women in the field of social
- One person shall be a women belonging to the scheduled castes or the
scheduled tribes or other backward classes.
- A concerned person dealing with social welfare or women and child
development in the area shall be a member of ex officio.
- One person from amongst the women working in block, Taluk, or
municipality in the district.
- Local complaints committee shall consist of the following to be
appointed by the district officer.
- Chairperson and every members shall hold office for a period of 3 years.
Preventive Steps On Workplace Sexual Harassment
- Clarify workplace and conduct expectations with a strong anti-harassment
- The tone from the top significantly impacts employee behavior. Make
advantageous senior leaders are placing an high quality example.
- Reduce risk with the resource of the usage of taking precautions.
- Educate employees and placed into impact schooling. Tech your workplace
the manner to be greater aware about beside the factor behavior and better
ready to stumble on and prevent incidents.
- Try to avoid emphasizing criminal duty at some point of sexual
- Discourage bad behavior.
- Monitor the place of business and be concerned. Know the warning signs
and symptoms and signs of horrible.
- Offer an internal grievance system preferably with the selection to live
anonymous. Example: a hotline or online grievance form. Then teach employees
the manner to apply it.
- Resolve incidents. Acknowledge proceedings, respond carefully, test out
rapid and area accordingly.
- Avoid sexual jokes, comments and e-mails.
- Not touch anyone without their permission.
- Treat all complaints seriously and confidently. Do not ignore any
Legal Provisions Given Under Indian Constitution Were
Rights guaranteed under the Indian constitution of part III, that certain
rights for the protection of rights of women are as follows:
- Article.14 states about right to equality.
- Article.15 states that prohibition of discrimination on grounds of
religion, race, caste, sex, or birth of place.
- Article.16 states about equality of opportunity
- Article.19 states about protection of certain rights regarding freedom
of speech, etc.
- Article.21 states about protection of life and personal liberty.
- Article. 23 states about prohibition of traffic in human being and
- Article. 25 states about freedom of conscience and free profession,
practice and propagation of religion.
- Article.39 states about certain principles of policy to be followed by
the state- the state shall in particular direct its policy towards securing:
- Men and women equally have the right to an adequate means of livelihood.
- There is equal pay for equal work for both men and women
- Health and strength of workers men and women and tender age of children are not
abused and citizens are not forced by economic necessity.
- Article. 39-A Equal justice to free legal aid.
- Article. 42 provisions for just and humane condition of work and maternity
- Article.51 A Fundamental Duties- (e) to promote harmony and the spirit of common
brotherhood amongst all the people of India transcending religious, linguistic
and regional or sectional diversities, to renounce practices derogatory to the
dignity of women.
Other Legal Provisions Related To Sexual Offences
In Indian penal code 1860, Section-375 gives definition about Rape, as a man is
said to commit the offence of rape with a woman under the following six
- Sexual intercourse against the victims will.
- Without the victims consent.
- With her consent, when her consent has been obtained by putting her or any
person that she may be interested in fear of death or hurt.
- With her consent, when the man knows that he is not her husband.
- With her consent, when at the time of giving such consent she was intoxicated or
is suffering from unsoundness of mind and unable to understand the nature etc.,
- With or without her consent when she is under 16 years of age.
Section- 354 Assault of criminal force to woman with intent to outrage her
Section-354(A) sexual harassment and punishment for sexual harassment.
Section-354(B) Assault or use of criminal force to woman with intent to disrobe.
Section- 354(C) it is a crime to look at or capture a woman going about her
Section -376(A) Punishes sexual intercourse with wife without her consent by a
judicially separated husband.
Section-376(B) punishes for sexual intercourse by a public servant with a woman
Section-376(C) punishes sexual intercourse by superintendent of jail, remand
Section-376(D) punishes sexual intercourse by any member of the management or
staff of a hospital with any woman in that hospital.
Section- 509 Word, gesture or act intended to insult the modesty of a woman.
Section- 509(A) Sexual harassment by relative.
Sectiob-509(B) Sexual harassment by electronic mode.
Statistics On Sexual Harassment At Workplaces
Statistics between the year 2013 to 2014 the national charge for women stated a
35% increase in court cases from 249 (20130 to 336 (2014)
Statistics in 2014 to 2015 in India 70% of strolling women do now not record
workplace sexual harassment because of the truth they feared of survival.
Between 2014 and 2015 times of sexual harassment inner place of job premises
more than doubled from 57 to 119 in keeping with countrywide crime records.
There has been a 51% rise in sexual harassment times at exceptional places
related to artwork from 469 in 2014 and 714 times in 2015.
Statistics in 2018 to 2019, the countrywide charge for ladies received 88 court
cases of sexual harassment at the administrative center. 196 complaints from the
central government and 103 complaints from state government and 313 from private
organizations as per a government response to the Rajya sabha in july 2019. 70%
of the 539 complaints filed between November 2017 and February 2020 were
Statistics in 2019, 505 cases on insult to modesty of women at the job or in
office premises were recorded of 5% from 2017 and nearly 800% from 57 cases in
2014. 31.1% cases pending investigation in 2019 and 93.9% cases were pending in
court. 431 total cases charge sheeted and 777 total cases for investigation.
Statistics in 2021, approximately 72% of job place sexual harassment victims do
not report it. 81% of women have experienced sexual harassment in their
lifetime. Almost three-quarters were harassed by someone more senior in their
organization. 98% of companies have a corpaorate sexual harassment policy, but
only 51% implemented new policies or training in response to the #Metoo
The recognition of the right to protection against sexual harassment is
intrinsic safety of the protection of the women’s human rights. It is all a step
within side course of offering women’s independence equality of opportunity and
the right at work with dignity. Sexual harassment at workplace is a legal wrong.
Sexual harassment at workplace is a social challenge that needs to be addressed.
It goals to accumulate confidence among woman personnel to rise up towards
Government should make separate laws dealing with this issue of
women’s. It realize that women worker also constitute a part of working
population in India. Woman should be treated equally to men and gender
discrimination should not take place at the workplace. Effective policy,
implementation of laws reduce the offences of sexual harassment. It aims to
build up confidence amongst female employees to standup against sexual
It makes the employer duty-bound to ensure a harassment free
environment for women to enhance work productivity. A honest and independent
studies system, the right and opportunity to explicit, better and equitable
right at work conditions and advised exceptions, due to the fact the case can be
are distinct important components of a strong system.
- The Constitution of India,1950 law and justice publishing Co
- The Indian Penal Code, 1862
- The Sexual Harassment of Woman at Workplace (Prevention, Protection and