Introduction
Sexual harassment at the workplace is a violation of fundamental rights to equality, dignity & safety. To address this, the Indian parliament enActed the Sexual Harassment Of Women At Workplace (Prevention, Prohibition & Redressal) Act, 2013, commonly known as the POSH Act. It aims to create a safe working environment for women & mandates preventive measures for employers.
Definition under POSH Act
Section 2(n) of the POSH Act defines sexual harassment as including:
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Physical contAct advances
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Demand or request for sexual favours.
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Sexually coloured remarks.
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Showing pornography.
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Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
The Act also recognizes two key forms
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Quid pro quo harassment - where employment benefits are linked to sexual favours.
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Hostile work environment!- where conduct creates intimidating, offensive or humiliating atmosphere.
Circumstances that constitute sexual harassment
Section 3(2) further elaborates that the following circumstances, among others, may amount to sexual harassment:
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Implied or explicit promise of preferential treatment in employment.
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Threat of detrimental treatment.
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Interference with work or creating an intimidating environment
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Humiliation likely to affect health or safety.
Case laws
1. Vishaka vs. State of rajasthan (1997)
This landmark judgement laid the foundation for workplace sexual harassment law in india. The supreme court defined sexual harassment & issued the vishaka guidelines, which later formed the basis for POSH Act.
2. Apparel export promotion concil vs. A.k. chopra (1999)
The supreme court held that even an attempt to outrage the modesty of a women, without physical contAct, amounts to sexual harassment.
3. Medha kotwal lele vs. Union of india (2012)
The court reiterated the importance of effective implementation of the vishaka guidelines & directed the government to ensure compliance at all levels, highlighting institutional accountability.
4. Shanta kumar vs. Council of scientific & industrial research (2018)
The delhi high court observed that the definition of sexual harassment should not be diluted, & mere personal conflict or professional disagreement does not amount to sexual harassment unless it has a sexual undertone.
5. Aureliano fernandes vs. State of goa (2023)
The court clarified that internal committees must follow principles of natural justice & procedural fairness during inquires.
6. Delhi high court on employer liability (2024)
The court ruled that employers must ensure timely redressal ? cannot escape liability by citing procedural delays.
Duties of employers under POSH
To comply with post Act, employers must!
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Establish an internal committee (ic) at every office with lo or more employees.
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Display POSH policy prominently in the workplace.
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Conduct regular training & awareness programs.
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Ensure confidentiality & timely resolution of complaints
Failure to comply can lead to penalties & reputational damage.
Conclusion
The POSH Act is a vital safeguard for women at the workplace. Its broad definition of sexual harassment, combined with evolving judicial interpretations, ensures that both explicit & implicit misconduct are addressed. Employers must proActively implement the Act to faster a respectful & safe work culture.