Sexual Harassment of Women at Workplace

Sexual harassment of women at workplace is a serious violation of human rights that disrupts professional environments and affects the well-being of employees. It encompasses unwelcome actions of a sexual nature that create an intimidating, hostile, or offensive work atmosphere. From inappropriate remarks to coercion for sexual favors, such misconduct undermines workplace safety and equality.

To address this issue, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) provides a legal framework to prevent, prohibit, and redress such incidents. Understanding the different types of workplace sexual harassment, legal provisions, penalties, and complaint mechanisms is crucial for fostering a safer and more inclusive work environment.

This article explores what constitutes sexual harassment at work, its legal framework in India, and best practices for prevention—helping employees and employers navigate this critical issue effectively.

What Is Sexual Harassment At The Workplace?

Sexual harassment at the workplace is any unwelcome conduct of a sexual nature that creates a hostile work environment. It can range from subtle, insidious actions to overt and aggressive behaviour. Essentially, it's any action that makes a person feel uncomfortable, intimidated, or threatened because of their gender. The impact of such harassment can be devastating, affecting not only the individual's well-being but also their career, and the overall work environment.

Types Of Sexual Harassment At Workplace

Sexual harassment manifests in various forms, and understanding these different types is crucial for effective prevention and redressal. It is important to note that the perception of the victim is key in determining whether an act constitutes harassment, not the intent of the perpetrator.

Quid Pro Quo Harassment

This involves an exchange of favours, usually of a sexual nature, for employment benefits. It could involve a supervisor offering a promotion in exchange for sexual favours or threatening demotion if advances are rejected.

Hostile Work Environment Harassment

This type of harassment involves creating an intimidating, offensive, or uncomfortable work environment. It can include unwelcome sexual jokes, comments, or advances; displaying sexually suggestive images; making derogatory remarks about a person's gender; or engaging in persistent and unwanted flirting.

Physical Harassment

This involves unwelcome physical contact, such as touching, grabbing, pinching, patting, kissing, or hugging. It can also include sexual assault or rape.

Verbal Harassment

This encompasses unwelcome sexual comments, jokes, or propositions. It can also include making derogatory or offensive remarks about a person's gender or sexual orientation. Even seemingly harmless jokes can contribute to a hostile work environment.

Non-Verbal Harassment

This involves unwelcome gestures, facial expressions, or body language of a sexual nature. Examples include staring, leering, winking, or making suggestive gestures. While not involving direct communication, these actions can still create a hostile and uncomfortable environment.

Cyber Harassment

With the rise of technology, sexual harassment can also occur online. This can include sending sexually suggestive emails or messages, sharing inappropriate images or videos, or engaging in cyberstalking.

Legal Framework

In India, the primary legislation addressing sexual harassment at the workplace is the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act). This Act provides a comprehensive framework for preventing and addressing sexual harassment.

POSH Act

Sexual harassment blatantly breaches a woman's fundamental rights to equality under Articles 14 and 15, to life under Article 21, and to engage in any profession or conduct any business, including the right to a secure environment free from sexual harassment.

Key Provisions Of The POSH Act

The POSH Act defines sexual harassment broadly and encompasses various forms of unwelcome behaviour. It mandates the constitution of an Internal Complaints Committee (ICC) in every organization with 10 or more employees. The ICC is responsible for receiving and investigating complaints of sexual harassment. The Act also lays down procedures for conciliation and inquiry, ensuring a fair and timely process.

Penalties And Punishment

The POSH Act prescribes penalties for perpetrators of sexual harassment, which can include monetary fines and termination of employment. The severity of the punishment depends on the nature and severity of the harassment. Failure to constitute an ICC or comply with the provisions of the Act can also lead to penalties for the employer.

IPC

In 2013, significant revisions were made to the IPC on Sexual Harassment, which altered how sexual harassment was regarded by India's criminal justice system. Section 354A of the Indian Penal Code, 1860, which defines sexual harassment, was included in the Criminal Law Amendment Act of 2013, which went into effect on April 3, 2013. The word "sexual harassment" and related offences are defined in the India Penal Code, 1860, and the following penalties are listed:

Section 354A

Unwelcome physical contact and advances, including unwanted and explicit sexual overtures, a demand or request for sexual favours, viewing pornographic material on another person without their consent, and making unwanted sexual remarks are all considered sexual harassment under Section 354A of the Criminal Code.

Penalty: A fine and up to three years in jail.

Section 354B 

Making a woman undress. Three to seven years in prison and a fine are the possible penalties.

Also Read : IPC Section 354B - Assault Or Use Of Criminal Force To Woman

Section 354C

Watching or taking pictures of a woman without her permission is under Section 354C. (voyeurism). First offenses are punishable by one to three years in jail and a fine. In addition to a fine, there is a sentence of three to seven years in prison.

Section 354D

Section 354D prohibits following a woman and attempting to get in touch with her even though she has indicated that she does not wish to be contacted. observing a female user of the internet or any other electronic communication medium (stalking).

First offences are punishable by up to three years in jail and a fine. A fine and up to five years in prison are imposed for multiple convictions.

Complaint Mechanism

The POSH Act establishes a clear complaint mechanism for addressing sexual harassment in the workplace.

Steps To File A Complaint

Go through the following steps to file a POSH complaint:

• To initiate action against sexual harassment, an affected woman can submit a written complaint detailing the alleged incidents.
• This complaint should be filed with the Internal Complaints Committee (ICC) if one is established within her organization.
• However, if the organization lacks an ICC, or if the complaint is against the employer themselves, the complaint should be lodged with the Local Complaints Committee (LCC).
• The written complaint is crucial for a thorough investigation. It must include specific details of each incident, such as the date, time, and location of the harassment, along with the name(s) of the accused perpetrator(s).
• Furthermore, if there were any witnesses to the harassment, their names should also be included in the complaint.

Role Of The Internal Complaints Committee (ICC)

The ICC is a crucial body responsible for receiving and investigating complaints of sexual harassment. It comprises a Presiding Officer, at least half of whom should be women, and other members including an external expert familiar with issues related to sexual harassment. The ICC conducts a preliminary inquiry and, if it finds merit in the complaint, proceeds with a formal inquiry.

Role Of Local Complaints Committee (LCC)

The LCC is established at the district level to receive complaints from women working in organizations with less than ten employees or when the complaint is against the employer. The LCC has similar powers and responsibilities as the ICC and plays a vital role in ensuring access to justice for women in smaller workplaces.

Best Practices For Prevention Of Sexual Harassment At Workplace

Preventing sexual harassment is paramount. Organizations should proactively create a culture of respect and zero-tolerance for such behaviour.

Policy Formulation

A comprehensive policy against sexual harassment should be in place, clearly defining what constitutes sexual harassment, outlining the complaint mechanism, and assuring confidentiality and non-retaliation.

Awareness & Training

Regular awareness programs and training sessions should be conducted for all employees, educating them about sexual harassment, its impact, and the organization's policies and procedures.

Creating A Safe Environment

Organizations should foster a culture of open communication and encourage employees to report any instances of harassment without fear of reprisal.

False Complaints and Repercussions

According to the Act, if a complaint is filed with malicious purpose and is supported by evidence, it will result in consequences under Section 14, and if a false complaint is supported by forged documentation, strict action will be taken in accordance with the organization's service regulations. One of this section's weaknesses is that there may be instances where the case cannot be fully proven, at which point it becomes a frivolous complaint. This can result in women being punished for making malicious and false complaints, which again goes against the fundamental intent of the Act.

A fine should be levied or prescribed in these situations since canceling the registration of the organization or entity results in a double punishment because doing so will harm the business and the innocent people who work there.

If it is ultimately determined that a person made a fraudulent complaint, the ICC will punish the individual who filed the incorrect complaint according to Rule 10 of the Rules.

Case Law

The case law regarding Sexual Harassment Of Women At the Workplace is as follows:

Vishaka v. State of Rajasthan

The case involved the gangrape of a social worker who was posted in Rajasthan. The case raised the question of sexual harassment against women working in India. The petitioners sought to file a writ petition in order to invoke enforcement of fundamental rights under Articles 14, 19, and 21 of the Indian Constitution. The petitioners claimed that the current laws did not address such a crime effectively. The Supreme Court (SC) drafted a set of exhaustive guidelines and standards to manage and avert sexual harassment in the workplace. The Court asked employers to implement preventive measures, start disciplinary actions, and organize awareness of sexual harassment.

Conclusion

Addressing sexual harassment of women at workplace is not just a legal obligation but a moral and ethical responsibility for every organization. A safe and respectful work environment fosters productivity, inclusivity, and employee well-being. Implementing strong anti-harassment policies, conducting regular awareness programs, and ensuring an effective complaint mechanism are essential steps toward eliminating workplace harassment.

With stringent laws like the POSH Act and provisions under the Indian Penal Code (IPC), victims have legal recourse to seek justice. However, true change comes from proactive prevention, strict enforcement, and a culture of zero tolerance for any form of harassment.

By prioritizing workplace safety and respect, businesses can protect employees and build a professional environment where everyone can thrive without fear. Awareness, education, and collective responsibility remain key to eradicating sexual harassment of women at workplace once and for all.

About The Author:

Adv. Nishant Saxena is an experienced legal professional with four years of experience specializing in arbitration, corporate, criminal, family, and property law. Practicing at the Bar Council of Uttar Pradesh, he navigates the complexities of the legal system with precision and dedication.