Prevention of Sexual Harrassment

INTRODUCTION

In India, women are regarded as DEVI and revered for embodying power, prosperity, wealth, beauty, bravery, grace, and resilience. Throughout history, women have been revered for their bravery in wars for freedom, for being the first woman to serve as a Prime Minister, for fighting for their right to education, and for being the first Indian police officer. Women have consistently demonstrated their capability to stand shoulder to shoulder with men, even if their physical strength may not be equal. However, in recent times, the focus has increasingly shifted to issues like rape, harassment, and assault against women, with these problems also affecting the workplace. In response, the government introduced the Prevention of Sexual Harassment Act, commonly known as the POSH Act, to ensure a safe and secure environment for women at work and to address and prevent cases of sexual harassment.

HISTORY BEHIND ENACTMENT OF POSH ACT

Before the enactment of POSH Act, there were no specific acts relating to sexual harassment in a workplace. The aggrieved women had to go to the police station to lodge a complaint under section 354 and section 509 of Indian penal code that deals with “‘criminal assault of women to outrage women’s modesty” and “an individual/individuals for using a ‘word, gesture or act intended to insult the modesty of a woman”/

The Vishakha Guidelines, laid down by the Supreme Court in Vishakha v. State of Rajasthan (1997), were a landmark step in recognizing sexual harassment as a violation of women’s fundamental rights under Articles 14, 15, and 21 of the Constitution. In the absence of specific legislation, these guidelines provided a binding framework for employers to ensure a safe workplace, mandating complaint mechanisms, preventive measures, and disciplinary actions. Their progressive interpretation of gender justice not only paved the way for the enactment of the POSH Act, 2013 but also continues to influence workplace policies today. By embedding accountability and institutional responsibility, the Vishakha Guidelines transformed the conversation on women’s safety from a private grievance to a constitutional mandate. Going forward, they remain a foundation for expanding gender-sensitive policies, inclusive workplaces, and stronger enforcement of women’s rights in evolving professional spaces.

WHAT IS SEXUAL HARRASMENT

“Sexual harassment” includes any one or more of the following unwelcome acts or behaviour

(whether directly or by implication) namely: —

(I) physical contact and advances; or

(ii) a demand or request for sexual favours; or

(iii) making sexually coloured remarks; or

(iv) showing pornography; or

(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;

PREVENTION OF SEXUAL HARASSMENT

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: —

(I) implied or explicit promise of preferential treatment in her employment; or

(ii) implied or explicit threat of detrimental treatment in her employment; or

(iii) implied or explicit threat about her present or future employment status; or

(iv) interference with her work or creating an intimidating or offensive or hostile work

environment for her; or

(v) humiliating treatment likely to affect her health or safety.

So, in layman’s words an Indian law designed to protect women from sexual harassment in the workplace and provide a mechanism for preventing and redressing such complaints. The Act defines sexual harassment as unwelcome acts or behaviours of a sexual nature and mandates that every employer establish an Internal Complaints Committee (ICC) to handle complaints and ensure a safe work environment.

Women working under any department, private or government undertaking, hospitals and nursing homes, any sport venue or any unorganised sector can be benefitted through this act.

OBJECTIVE

The main purpose of the act is to ensure that no woman is subjected to sexual exploitation under any circumstances.

It also aims to establish a mechanism for addressing such issues within the workplace. The act provides a basic framework for employers to conduct thorough investigations and reach conclusions that uphold the basic rights of women. It helps employers manage such matters promptly and promotes gender equality in the workplace. The primary focus of the act is on the prevention, prohibition, redressal, and protection of female

PREVENTION

When a person joins any organisation as an employee, he was given training on posh and its not limited to female employees only

Almost every organisation tries to prevent it through regular seminars and meeting, posters stating woman’s rights in workplace and how to complaint if issue arises.

They also provide helpline numbers and email address where you can reach out to a competent authority.

PROHIBITION

Every company sets some ground rules regarding the conduct of every person Woking in that organisation. They make policies which specifically defines how to behave around a female

every human being working under so that no one will be exploited in any way possible.

REDRESSAL

According to the provisions of the act, every workplace must have an internal complaints committee to address issues like sexual harassment.3 Since these matters are time-sensitive, proper investigations must be carried out.

CONSTITUTION OF INTERNAL COMPLAINTS COMMITTEE

• Every employer of workplace shall in writing constitute an INTERNAL COMPLAINT COMMITTEE where the administrative office of that particular organisation situated.
• The committee should have at least on female member who is at a senior level in hierarchy of that workplace as a presiding officer
• There must at least two members from the employees who support the cause of women or have any prior experience in social works or legal proceedings.
• In case of a government organisation there must a member from any non-governmental organisation who is in support of the cause of women related to sexual harassment in a workplace.

 LOCAL COMPLAINT COMMITTEE

• Every district officer, who was appointed by the district magistrate, shall constitute a Local complaints committee to receives complaints from establishments who doesn’t have any internal complaints committee due to not having more than 10 workers or if the complaints is against the employer itself
• The jurisdiction of such committee extends up to their district
• The chairman of these committee to be nominated among the eminent women working in the field of social work and committed to the cause of women
• One member to be nominated who shall be a women working in that district
• Two members out of whom one shall be a women nominated from a non-governmental organisation committed to the cause of women or is familiar with the issues relating to sexual harassment. Provided that one of them shall have any prior experience regarding legal proceeding and at least one of them belonging to the SC/ST or OBC community
• the concerned officer dealing with the social welfare or women and child development in the district, shall be a member ex officio

COMPLAINTS

• Any aggrieved woman shall make a complaint in writing to the internal committee within 3 months from the date of incident and in case of a series of incidents then within the period three months from the date of the last incident.
• If the complaint is can not be maid in witing then the committee shall render its assistance to the women for making it in writing.
• If the aggrieved women are unable to file a complaint on account of her physical or mental incapacity or death or otherwise then her legal heir or such other person can file the complaint.

CONCILIATION

• The internal committee or the local committee might before initiate any inquiry into the matter at the request of the aggrieved women take steps to settle the matter through conciliation without the involvement of any monetary settlement
• Where settlement has arrived then the record of the settlement to be forwarded to the employer or district officer to take action as specified.
• The copies will be provided to the aggrieved women or the complainant and also the respondent
• Where the settlement has arrived then there shall be no inquiry on that particular matter.

INQUIERY

• Upon receiving a written complaint, the Internal Committee (IC) or Local Committee (LC) must initiate an inquiry within seven days.
• Both the complainant and respondent are given full opportunities to present their statements, evidence, and witnesses, ensuring adherence to the principles of natural justice. Proceedings are to remain strictly confidential, with parties prohibited from disclosing information.
• The inquiry should be completed within 90 days, and the IC/LC must submit its findings and recommendations to the employer or District Officer within 10 days thereafter.
• The employer is bound to act on the recommendations within 60 days, imposing disciplinary action under applicable service rules or awarding prescribed penalties.
• Interim reliefs, such as transfer of the complainant or granting leave, may be provided during the pendency of the inquiry. This structured mechanism under the POSH Act, 2013 safeguards the dignity of women employees while ensuring accountability and fairness in the workplace.

PENALTIES

Penalties have been prescribed for employers in case of non-compliance of the provisions of the Act.

Employers shall be punishable with a fine of up to ₹ 50,000. Repeated violations may lead to higher penalties

and cancellation of licence or deregistration to conduct business

CASE CITATION

Vishakha v. State of Rajasthan (1997)

Judgment of Supreme Court in Vishakha v. State of Rajasthan (AIR 1997 SC 3011) was a milestone in Indian labour and constitutional law. The case was taken up after gang rape of Bhanwari Devi, a Rajasthan-based women’s activist, as there was no law to address sexual harassment in work places. Interpreting sexual harassment as a violation of Articles 14, 15, 19(1)(g) and 21, the Court reaffirmed women’s liberty, dignity, and equal rights in work places.

Since there was no statutory law, the Court issued Vishakha Guidelines, and it applied them as law under Article 141. The guidelines made it mandatory for employers not to harass at work by establishing complaints committees, maintaining confidentiality, and providing redressal mechanisms.

This judgment served as the foundation for the POSH Act, 2013, embedding constitutional principles into legislative form. It remains a seminal precedent in advancing gender justice and workplace equality in India.

Apparel Export Promotion Council Vs. A.K. Chopra, 1999.

It also affirmed in Apparel Export Promotion Council v. A.K. Chopra (AIR 1999 SC 625) the principles laid down in Vishakha’s case. In this case, there were attempts by a senior officer of Apparel Export Promotion Council (AEPC) at sexually harassing a woman employee by making unwanted physical advances. Though there was no physical assault, it posed the question whether such attempts at harassment constituted sexual harassment that entitled action under the code. It held that battery or physical touching is not a sine qua non of sexual harassment; rather, unwelcome behaviour, even attempts of it, which results in an intimidating and hostile work place, is within its consideration. Having upheld the termination of the officer, it made it clear that safeguarding women’s dignity in the workplace is at the very foundation of constitutional protection reflected in Articles 14, 15, and 21.

It broadened the scope of sexual harassment by lending greater clarity and vitality in enforcement of the Vishakha Guidelines, later playing a significant role in influencing POSH Act, 2013, draft-making.

Tata Consultancy Services Internal Complaints Committee v. Tanuja Priya Bhat

The case of The Internal Complaints Committee of Tata Consultancy Services vs. Tanuja Priya Bhat is a significant development in the maturing jurisprudence of workplace sex harassment in India, particularly with regard to POSH Act of 2013. Here, it highlights challenges in upholding fairness and accountability in Internal Complaints Committees (ICCs) that often are the first line of redressal by women employees in large organizations.

Details of this case can be traced back to a complaint that was lodged by Tanuja Priya Bhat, who is employed at TCS and was deputed to work in the United Kingdom. She alleged that at one of her appraisal sessions, which was held post office hours, her supervisor made unwanted advances and kept her from 7 o’clock in the evening till 11 o’clock at night. She understood this act to be that of sexual harassment under the POSH Act and pointed out a series of proofs in favour of her allegations, like emails, messages, and written statements. In spite of such submissions, TCS’s Internal Complaints Committee (ICC) rejected the complaint, believing that sexual harassment could not be established. Not happy with such conclusions, the complainant raised objections about the work of the ICC. She accused the inquiry procedure of being biased, stating that vital evidence was either disregarded or not diligently inquired into, and argued that the committee had not followed procedural protection required under the POSH Act.

Aggrieved by the findings of the Internal Complaints Committee, she took her case to the Labour Court in Kancheepuram. In her appeal, she underscored the procedural lapses, the exclusion of vital evidence, and the absence of impartiality in the ICC’s approach. Yet, the matter has been mired in delays, leaving it unresolved. This drawn-out process has raised significant concerns, as the delays in achieving justice undermine the very essence of the POSH Act, which aims to deliver prompt and effective justice for women in the workplace.

The case reveals a number of important legal issues. First, it touches upon the level of proof in ICC hearings: does the complainant need to prove harassment beyond a reasonable doubt, or should the investigation stick to a more equal civil standard of “preponderance of probabilities”? Second, it places the independence of ICC members, particularly that of external members who are called upon to protect the process against employer bias, in focus. Third, it places importance on the key role of judicial review by labour courts and higher judiciary in challenging ICC determinations upon allegations of unfairness, bias, or procedural infirmities being raised.

Besides the immediate controversy, this case has bigger implications of corporate governance and gender justice. Large transnational companies like TCS are legally obliged to not only establish ICCs, but also to get them to function with credibility, independence, and sensitivity. An ICC that is viewed as biased, incompetent, or insincere will endanger employee confidence and thwart the constitutional mandate of equality, dignity, and safe work under Articles 14, 15, and 21. Therefore, this case goes beyond one’s pursuit of justice; it is a testament that compliance under POSH Act is not a mere ritual but a permanent obligation. It highlights the critical importance of proper, extensive ICC member training, of transparent processes, and of judicial vigilance to keep the spirit of POSH Act intact. The case, as it progresses in litigation, is set to enrich the jurisprudence on the efficacy of internal redressal mechanisms in securing justice to women in the workplace.

Sanchayani Sharma v. National Insurance Co. Ltd.,

In this case the Delhi High Court, as expounded in numerous secondary materials, clarified that workplace sexual harassment need not always be physical. Rather, it may take the form of non-verbal or verbal behaviour that creates an intimidating, hostile, or offensive work environment. This judgment also emphasized that such instances as unwanted remarks, gestures, or persistent verbal advances are unequivocally included in the scope of work under the Prevention of Sexual Harassment (POSH) guidelines and should be dealt with by an Internal Complaints Committee. Therefore, this case has been often cited in POSH awareness and training resources, broadening the understanding of harassment to include behaviour more than physical touching, hence reinforcing that there should be investigation and correction of non-physical transgression by employers.

Conclusion

The enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) was a landmark moment in India’s legal landscape. Rooted in the constitutional guarantees of equality, dignity, and safe working conditions, and born out of the Vishakha judgment, the Act provided the long-needed statutory framework to address workplace harassment. Over the last decade, it has made significant progress in sensitizing organizations, establishing Internal Complaints Committees, and empowering women to come forward. However, implementation remains uneven, and gaps continue to limit its effectiveness. One of the foremost challenges lies in the independence and effectiveness of ICCs. Many committees operate in name only, with inadequate training, lack of impartiality, or management interference undermining their credibility. Mandatory capacity building of ICC members through certified training, external audits, and penalties for non-compliance could strengthen accountability. Similarly, extending better awareness to employees at all levels would encourage reporting and reduce fear of stigma or retaliation. The Act could also benefit from clearer procedural guidelines, particularly regarding standards of proof, admissibility of digital evidence, and confidentiality safeguards. Fast-track timelines are already prescribed, but enforcement is weak—delays in inquiries and appeals often erode faith in the system. Strengthening appellate mechanisms, possibly through independent state-level POSH authorities, would add a critical oversight layer beyond the employer. Further, while the Act is focused on women, the evolving nature of workplaces calls for gender-neutral provisions, ensuring protection for all employees against harassment. A comprehensive amendment addressing this inclusivity, while retaining safeguards for women, would future-proof the legislation.

In conclusion, the POSH Act was a historic step toward gender justice, but its promise can only be realized through robust enforcement, impartial institutions, and a culture of respect at work. Better training, stricter compliance, stronger oversight, and broader inclusivity are the next essential reforms. Only then will the law truly uphold its mandate of making every workplace safe, equal, and empowering.

REFERENCE(S):

• SEXUAL HARRASMENT OF WOMEN AT WORKPLACE, THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013, Department of expenditure
• Prerana Priya and prof Vivek Bapat, An overview of the genesis of Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition, Redress) Act, 2013, Volume 12 issue 6 June 2024 IJCRT, 2320-2882 (2024)
• https://womensafetywing.telangana.gov.in/sahas/key-judgements/#:~:text=Here%20are%20some%20of%20the,right%20to%20life%20and%20liberty
• Vishakha v. State of Rajasthan (1997) 6 SCC 241
• Apparel Export Promotion Council Vs. A.K. Chopra, 1999 AIR 1999SC 625