INTRODUCTION
Women’s participation in the workforce has significantly increased in India, yet workplace harassment remains a persistent challenge. Ensuring a safe, dignified, and inclusive work environment is not just a moral obligation but a legal mandate. Indian law provides a strong framework to protect women from harassment and uphold their rights at work.
As enshrined in the preamble to the Constitution of India, “equality of status and opportunity” must be secured for all its citizens. Equality of every person under the law is guaranteed by Article 14 of the Constitution.
A safe workplace is therefore a woman’s legal right. Included, the Constitutional doctrine of equality and personal liberty is contained in Articles 14, 15 and 21 of the Indian Constitution. These articles ensure a person’s right to equal protection under the law, to live a life free from discrimination on any ground and to the protection of life and personal liberty. This is further reinforced by the UN Convention on the Elimination of all forms of Discrimination against women (CEDAW), which was adopted by the UN General Assembly in 1979 and which is ratified by India. Often described as an international bill of rights for women, it calls for the equality of women and men in terms of human rights and fundamental freedoms in the political, economic, social, cultural and civil spheres. It underlines that discrimination and attacks on women’s dignity violate the principle of equality of rights.[1]
WORKPLACE SEXUAL HARASSMENT–WHAT IS IT?
This section defines the aggrieved women, workplace and sexual harassment as well as highlights key elements of workplace sexual harassment. It provides examples of behaviours through which a woman can experience possible professional and personal harm. It presents the user with scenarios from across sections of work contexts to build clarity on different forms of sexual harassment as identified under the Act.[2]
WHO IS AN AGGRIEVED WOMAN?
The Act recognises the right of every woman to a safe and secure workplace environment, irrespective of her age or employment status. Hence, the right of all women working or visiting any workplace, whether on a regular, temporary, casual, or daily wage basis, is protected under the Act.
Aggrieved women = i) domestic worker, regular/ temporary/ Ad Hoc/ Daily Wager, for remuneration/ voluntary basis/ otherwise, employed directly/ through an agent, contract worker/ probationer/ trainee/ apprentice/ called by any other such name
- ii) Visiting a workplace
iii) Student
WHAT IS A WORKPLACE?
It also includes all workplaces, whether owned by an Indian or foreign company, having a place of work in India. As per the Act, the workplace includes:
Government organizations, including government company, corporations and cooperative societies, Private sector organizations, venture, society, trust, NGO or service providers etc. providing services which are commercial, vocational, educational, sports, professional, entertainment, industrial, health related or financial activities, including production, supply, sale, distribution or service, Hospitals/ Nursing homes, Sports institution/ facilities Place visited by the employee including transportation provided by employer, A dwelling place or house.[3]
WHAT IS SEXUAL HARASSMENT AT THE WORKPLACE?
Workplace harassment, particularly sexual harassment, includes any unwelcome act or behaviour, such as:
Physical contact and advances, demand or request for sexual favours, making sexually colored remarks, showing pornography, or any other unwelcome physical, verbal, or non- verbal conduct. These acts violate a woman’s fundamental rights under Articles 14, 15, and 21 of the Constitution of India.[4]
KEY ELEMENTS OF WORKPLACE SEXUAL SEXUAL HARASSMENT
Very often, situations that start innocently end up in inappropriate and unprofessional behaviours. It is important to remember that workplace sexual harassment is sexual, unwelcome, and the experience is subjective. It is the impact and not the intent that matters, and it almost always occurs in a matrix of power. A woman may experience a single instance of sexual harassment or a series of incidents over a period of time. It is also important to remember that each case is unique and should be examined in its own context and according to the surrounding circumstances as a whole.[5]
LANDMARK JUDGMENT: VISHAKA v STATE OF RAJASTHAN
The foundation of workplace harassment law in India was laid by this landmark case. The Supreme Court recognised sexual harassment as a violation of fundamental rights and issued the Vishaka Guidelines, making it mandatory for employers to prevent and redress such complaints.
THE POSH Act, 2013
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act was enacted to give statutory backing to the Vishaka Guidelines.
Key features:
Definition of sexual Harassment: Includes unwelcome sexually determined behaviour (physical, verbal, nonverbal) such as physical contact, demands for sexual favours, making sexually colored remarks, or showing pornography.
Employer Duty: Prohibit sexual harassment through express, notified, and publicised policies.
Complaints Mechanism: Required a Complaint Committee, headed by a woman, with over 50% women members and an external NGO/expert, ensuring a confidential, time-bound inquiry process.
Support for Victims: Employers must ensure victims do not face hostile environments and provide assistance for filing police complaints, if necessary.
Applicability: Extended to all workplaces- public and private, including public sector bodies.
RELATED LEGAL PROVISIONS
Apart from the POSH Act, other laws also protect women:
Indian Penal Code, 1860: Section 354 (Assault or Criminal force on women)
Section 509 (Word, gesture or act intended to insult modesty)
Maternity Benefit Act, 1961 (Amended 2017): Ensures maternity leave and related rights.
Equal Remuneration Act, 1976: (now part of the Code on Wages, 2019) Ensures equal pay for equal work.
Factories Act, 1948: Regulates working conditions, strictly prohibiting women from working at night (usually 7 PM to 6 AM) unless specific, secure, state-mandated conditions are met.
COMPLAINTS COMMITTEE:
The Act provides for two kinds of complaint mechanisms:
- Internal Complaints Committee (ICC).
- Local Complaints Committee (LCC).
All complaints Committees must have at least 50% women’s representation. ICC or LCC members will hold their position not exceeding 3 years from the date of their nomination or appointment.[6]
RIGHTS OF THE COMPLAINANT
An empathetic attitude from the complaints Committee so that she can state her grievance in a fearless environment.
A copy of the statement, along with all the evidence and a list of witnesses submitted by the respondent.
Keeping her identity confidential throughout the process.
Support in lodging FIR in case she chooses to lodge criminal proceedings.
In case of fear of intimidation from the respondent, her statement can be recorded in the absence of the respondent.
Right to appeal, in case, not satisfied with the recommendations/ findings of the complaints Committee.[7]
CONCLUSION
Women’s rights in the workplace are fundamental to achieving gender equality and social justice. While India has made significant progress through laws like the POSH Act, effective implementation and societal change are crucial. A safe workplace is not just a legal requirement – it is the cornerstone of a progressive and inclusive society.
Author: Subhajit Khan University)
References:
- Indian Penal Code, 1860 (Section 354, 509).
- Maternity Benefit Act, 1961.
- Equal Remuneration Act, 1976
- Factories Act, 1948.
- The POSH Act, 2013.
- Constitution of India (Articles 15,14, 21)
- The Sexual Harassment of women at workplace Act, 2013 (Prevention, Prohibition and Redressal).
- “Whereas sexual harassment results in violation of the fundamental rights of a woman to equality….” [Preamble, Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act]
- “No woman shall be subjected to sexual harassment at any workplace.” Section 3(1) of the Sexual Harassment of women at workplace Act, 2013 (Prevention, Prohibition and Redressal).
- https://www.manupatra.com (Protection of Women against Sexual Harassment at Workplace Bill, 2010), (The awareness and redressal of sexual harassment of women at workplace).
- https://dipr.assam.govin (Directorate of Information and Public Relations)
- https://gadmin.uohyd.ac.in (On Sexual Harassment of Women at Workplace).
- https://indiankanoon.org
- https://www.manupatra.com
[1] “Whereas sexual harassment results in violation of the fundamental rights of a Women to equality….” [Preamble, Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act]
[2] “No woman shall be subjected to sexual harassment at any workplace.” Section 3(1) of the Sexual Harassment of women at workplace Act, 2013 (Prevention, Prohibition and Redressal).
[3] https://gadmin.uohyd.ac.in (On Sexual Harassment of Women at Workplace).
[4] The Constitution of India (Articles 14, 15 & 21).
[5] https://www.manupatra.com (Protection of Women against Sexual Harassment at Workplace Bill, 2010), (The awareness and redressal of sexual harassment of women at workplace).
[6] https://dipr.assam.govin (Sexual Harassment of Women at Workplace (Prevention, Prohibition)
[7] https://dipr.assam.govin (Directorate of Information and Public Relations)
