Sexual Exploitation and Abuse of Women in the Workplace

Women have always been victims of violence, whether it’s domestic, sexual or in any way. Historically, women have faced victimisation across societies. However, with the evolution of modern society, women have become aware of their rights, and that’s why legislatures have enacted various laws to protect women’s rights. Sexual exploitation is one of the major problems that every woman faces in many ways. It represents a different range of oppression that has been an issue at workplace or academic environment. Sexual violence include variety of behaviours such as rape, assault, unwanted touch, and gestures with sexual intent.

Women had the right to work with respect for their rights and duties. Indeed, a safe workplace is a woman’s legal right, it is protected by the Indian Constitution. Any form of harassment, abuse, or violence is a grave violation of women’s rights, and women have the freedom to stand against violence and to fight for themselves.

Sexual harassment

It is defined as any inappropriate sexual behaviour that violates women’s rights, whether it’s physical, verbal, or non-verbal. It can happen to anybody regardless of gender. It can occur at a job, school, home, or any workplace.

Sexual harassment has its roots in patriarchy because they consider men superior to women and accepts some violations against women. The concept of superiority and inferiority has caused major problems in society, and sexual harassment is one of these problems.

Many cases of Sexual harassment go unreported due to social stigma, low literacy level, lack of trust in the police, and personal reputation.

With the progress of two decades, a report was released by the World Health Organisation (WHO) and UN partners. ‘Nearly 1 in 3 women – estimated 840 million globally – have experienced partner or sexual violence during their lifetime, a figure that has barely changed since 2000. In the last 12 months alone, 316 million women – 11% of those aged 15 or older – were subjected to physical or sexual violence by an intimate partner. Progress on reducing intimate partner violence has been painfully slow, with only 0.2% annual decline over the past two decades.’[1]Abuse against women is a prevalent issue in society

Sexual harassment at the workplace is a hazard that needs to be addressed by some legislative measure because it reduces the quality of work, mental health of women and equality.

Sexual harassment at the workplace is a grave violation of Article 14 [2](Right to Equality) article 21 [3](Right to Life and Personal Liberty) article 19(1) (g) [4](Right to Practice any profession or to carry out any occupation, trade or business). These rights are the universally recognised human rights.

Sexual harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [5]and its rules came into operation on 9th December 2013. To create awareness of this law, it required social campaigns and training programs that would guide them about the rights of the victim and the duties of people.

The focus is on the specific issue of sexual harassment at the workplace- to prohibit, to prevent and to redress it.

According to the act, ‘sexual harassment includes the following, whether directly or by implication:

1. Making sexually coloured remarks
2. Unwelcome physical, verbal or non-verbal conduct of a sexual nature.
3. A demand or request for sexual favours
4. Physical contact and advances
5. Showing pornography.’[6]

Numerous behaviours are designated as sexual harassment. This kind of conduct is categorised as sexual harassment, and it can be in the workplace, job, home, school or university.

Workplace:

The workplace is defined as any place visited by an employee during the course of employment.[7] The duration of work includes transportation by the employee. It covers private, government, corporate companies, hospitals or sport institutes, etc.

Women in many cases are subject to various human rights violations such as female feticide, human trafficking, rape, assault, sexual exploitation and abuse.

India is a democratic nation where all citizens have a fundamental right to live with dignity. Various crimes committed against women and, in some instances, laws are incapable of providing victims with justice.

India has seen over 400 cases of sexual harassment at work every year since 2018, with an average of 445 cases being reported yearly, according to National Crime Records Bureau (NCRB) data. Over 419 cases, or about 35 per month, were reported in the country in 2022. That year, Himachal Pradesh recorded the highest number of sexual harassment cases at the workplace (97), followed by Kerala (83), Maharashtra (46), and Karnataka (43). West Bengal. [8]

Impact of sexual harassment at workplace [9]

1. Emotional and psychological suffering – victims frequently experience stress, depression, sadness and anxiety. It causes low confidence and low self-esteem.
2. Physical health – Victims suffer health Issue such as weight changes, dizziness, headache, sleep and appetite loss.
3. Career – Victims also hurt job performance. Some people may detach from their job or they may have resigned due to social stigma, fear and low confidence.

Types of sexual harassment at the workplace [10]

Sexual harassment can happen to anybody, regardless of age or gender. It can be in different forms, some examples are:

1. Physical conduct:

 It includes rape or attempt to rape, which is a violation of sec63 of BNS[11], unwelcome physical touch, grabbing, hugging, pinching or blocking someone’s path to obtain sexual advances

2. Verbal conduct –

 To comment on worker sexual life, Visage, private life, age, gender, to insult someone based on sex, to spread rumours about a person’s life.

3. Non-verbal conduct –

It include gesture with sexual intention, stalking, whistling, display of sexually explicit or suggestive material, unwanted SMS/e-mail for sexual motive

Sexual harassment includes two legally recognised types of sexual harassment [12]

1. Quid Pro Quo –

 Quid Pro Quo means “something for something”, like a job benefit, promotion, employment status, salary increases, or to reduce workload. It means a sexual favour to an employer, supervisor or agent who can make a decision in favour. Sometimes rejection of sexual favour results in a loss of job or may be a benefit.

2. Hostile work environment –

It’s an environment which can be hostile when there is unwelcome behaviour, whether physical, verbal or non-verbal, which leads to an environment that is uncomfortable for an employee.

Government initiatives to tackle the sexual harassment of women at workplace

Major Government initiatives to tackle the sexual harassment of women at workplace include the following:

1. She-box [13]–

It’s an online complaint management system to encounter Sexual harassment against women. The Government of India has made an effort to provide a single point of help, “The Sexual Harassment Electronic Box” (SHe-Box). This platform helps every woman, regardless of employment status, whether public or private. Any woman who suffers sexual harassment can file a report at this portal. Once a complaint is filed, it will be their duty to report to the concerned authority and to take action against it.

It was launched by the Ministry of Women and Child Development on Nov 7, 2017

2. Vishakha Guidelines [14]–

The Vishakha rules were established by the Supreme Court in a 1997 decision. This Gang raped case was filed by Vishakha, a member of a women’s rights organisation.

In providing justice, the court enforced three important tasks in institutions: Prohibition, Prevention and Reparation. The Supreme Court ordered to form a Complaint Committee to investigate the allegation. This idea was expanded by the 2013 Act to form an Internal Complaint Committee (ICC) with ten or more employees.

Conclusion

In a nutshell, Sexual harassment is a grave violation of women’s legal rights. Indian governments have made numerous initiatives to tackle it. Protecting women will enhance their freedom and provide additional opportunities in their careers. A person has to be self-aware of their rights and duties and have to standup in against of injustice. The Indian constitution provide legal rights to everyone regardless of age, gender, sex, religion, etc. Any sexual behaviour that exploits and violates women’s rights at any place is sexual exploitation. Any form of behaviour that is insulting, embarrassing or threatening to any person is a violation of universally recognised human rights. Every citizen is equal in the eyes of law and therefore no one can be discriminated.

Reference(S):

[1] World Health Organisation, Lifetime toll: 840 million women faced partner or sexual violence (2025)

[2] Constitution of India 1950, art 14

[3] Constitution of India 1950, art 21

[4] Constitution of India 1950, art 19 (1) (g)

[5] Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act 2013

[6] ibid s 2

[7] Sexual Harassment of women at workplace (Prevention, Prohibition and Redressal) Act 2013 s 2 (o)

[8] ‘over 400 cases of sexual harassment at work logged every year since 2018’ Bussiness Standard (15 August 2024) <https://www.business-standard.com/india-news/over-440-sexual-harassment-cases-in-indian-workplaces-a-year-during-2018-22-124081401697_1.html> accessed 23 January 2026

[9] ‘The consequences of Sexual Harassment in the Workplace’(Universal class) <https://www.universalclass.com/articles/business/the-consequences-of-sexual-harassment-in-the-workplace.htm>

[10] D’AMORE Law Group, ‘What are the different types of sexual harassment?’(D’AMORE Law Group) <https://damorelaw.com/what-are-the-different-types-of-sexual-harassment/> accessed 23January2026

[11] Bhartiya Nyay Sanhita 2023, s 63

[12] Dattopant Thengadi National Board for Workers Education and Development ‘Sexual Harassment at workplace’ (Ministry of labour and employment, Government of India) <https://dtnbwed.cbwe.gov.in/images/upload/Sexual-Harrasement-at-work_MKV4.pdf> accessed 23January2026

[13]  SHeBox (Ministry of Women and Child Development)<https://shebox.wcd.gov.in> accessed 23 January 2026

[14] Vishakha Guidelines (AIIMS Bhubaneswar, April 2025) <https://aiimsbhubaneswar.nic.in/wp-content/uploads/2025/04/vishakaguidelines.pdf> accessed 23 January 2026