Sexual Harassment At The Workplace In India

The Prevention of Sexual Harassment of Women at Workplace Act, 2013 (POSH)

Some Major Definitions under the Act

• Aggrieved Woman:
  As per the POSH Act, an 'aggrieved woman' in relation to a workplace, is a woman of any age, whether employed or not, who alleges to have been subjected to any act of sexual harassment.
• "Employee"
  means a person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name.
• "Employer" means -
  (i) in relation to any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate Government or a local authority, the head of that department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit or such other officer as the appropriate Government or the local authority, as the case may be, may by an order specify in this behalf; (ii) in any workplace not covered under sub-clause (i), any person responsible for the management, supervision and control of the workplace. Explanation. —For the purposes of this sub-clause "management" includes the person or board or committee responsible for formulation and administration of polices for such organisation; (iii) in relation to workplace covered under sub-clauses (i) and (ii), the person discharging contractual obligations with respect to his or her employees; (iv) in relation to a dwelling place or house, a person or a household who employs or benefits from the employment of domestic worker, irrespective of the number, time period or type of such worker employed, or the nature of the employment or activities performed by the domestic worker
• "sexual harassment" -includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely :-
• 1. physical contact and advances; or
  2. a demand or request for sexual favours; or
  3. making sexually coloured remarks; or
  4. showing pornography; or
  5. any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

Workplace defined under the POSH Act, 2013

It includes (i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co-operative society; (ii) any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities including production, supply, sale, distribution or service; (iii) hospitals or nursing homes; (iv) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto; (v) any place visited by the employee arising out of or during the course of employment including transportation by the employer for undertaking such journey; (vi) a dwelling place or a house;

Prevention of Sexual Harassment

1. No woman shall be subjected to sexual harassment at any workplace.
2. The following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:—
3. 1. implied or explicit promise of preferential treatment in her employment; or
   2. implied or explicit threat of detrimental treatment in her employment ; or
   3. implied or explicit threat about her present or future employment status; or
   4. interference with her work or creating an intimidating or offensive or hostile work environment for her; or
   5. humiliating treatment likely to affect her health or safety.

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Originally published 15/06/2022

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.