As enshrined in the Preamble to the Constitution of India, “equality of status and opportunity” must be secured for all the citizens. With increasing opportunities women are entering the workforce every day. Unfortunately women are facing sexual harassment at work every day. Sexual Harassment is anuncultured violation of women’s rights to equality and dignity. Not only it is an infringement of women’s fundamental rights, but also results in the loss of workplace motivation and productivity. Sexual Harassment is a hazard encountered by the women at their workplaces across the world that reduces the quality of working life, endangers the well-being of women, weakens gender equality and imposes costs on firms and organizations. Sexual harassment results in violation of the fundamental rights of a women to equality under article 14 & 15 of the constitution of India and her right to life and to live with dignity under article 24 of the constitution and right to practice any profession or to carry on any occupation, trade, or business which includes a right to safe environment free from sexual harassment. The protection against sexual harassment and the right to work with dignity are the basishuman rights specifically recognized by various international conventions and instruments.Sexual harassment is a form of sex discrimination that violates the Rights of an individual. Sexual harassment is the unwelcomed sexual advances, requests for sexual favors, or other verbal or physical conduct. It is not important that the behavior specifically must be of a sexual nature, however, and can include offensive remarks about a person’s sex.Making of racist or negative comments, Offensive gestures, drawings can also be construed as workplace harassment.The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) is a legislative act in India that protects the women from sexual harassment at their workplace. This statute succeeded the Vishakha Guidelines for prevention of sexual harassment introduced by the Supreme Court of India.Article 19 (1) (g) of the Constitution of Indiaupholds the right of all citizens to be employed in any profession of their choice or to practice their own trade or business. Vishaka v. State of Rajasthan established that actions resulting in a violation of one’s rights to ‘Gender Equality’ and ‘Life and Liberty’ are in fact a violation of the victim’s fundamental right under Article 19 (1) (g). The POSH Act stipulates that a woman shall not be subjected to sexual harassment at her workplace. Accordingly, it may be noted that inorder for a woman to claim protection under the POSH Act, the incident of sexual harassment should have taken place at the ‘workplace’. The POSH Act is not a gender-neutral legislation and protects only women. Therefore, the provisions of the POSH Act are not applicable to ‘men victim.The POSH Act prescribes the punishments that may be imposed by an employer on an employee for indulging in an act of sexual harassment such as punishment prescribed under the service rules of the organization; if the organization does not have service rules, disciplinary action against the wrongdoer can be taken such as including written apology, reprimand, warning, withholding of promotion, withholding of pay rise or increments, terminating the respondent from service, undergoing a counseling session, or carrying out community service; and deduction of compensation payable to the aggrieved woman from the wages of the respondent. The POSH Act also anticipates payment of compensation to the victim. The compensation shall be determined for the victim on the basis of mental suffering, emotional distress caused to the aggrieved; the loss in career opportunity; medical expenses incurred by the victim for physical/ psychiatric treatment; the income and status of the alleged perpetrator; and feasibility of such payment in lump sum or in installments. In case the respondent fails to pay the aforesaid sum, the order may be forwarded for recovery of the sum as an arrear of land revenue to the concerned District Officer.In order to ensure that the protections envisaged under the POSH Act are not misused; provisions for action against “false or malicious” complainants have been included in the statute. As per the POSH Act, if it has been concluded that the allegation made by the complainant is false or malicious or the complaint has been made knowing it to be false or fabricated or misleading information has been provided during the inquiry, disciplinary action in accordance with the service rules of the organization can be taken against such complainant.

Other Laws Pertaining to Sexual Harassment at Workplace are:

  1. The Industrial Employment (Standing Orders) Act, 1946 requires an employer to define and publish uniform conditions of employment in the form of standing orders. The Standing Orders Act prescribes Model Standing Orders thatserve as guidelines for employers in the event where an employer has not framed and certified its own standing orders, the provisions of the Model Standing Orders shall be valid. The Model Standing Orders under the Industrial Employment (Standing Orders) Central Rules, 1996 prescribe a list of acts constituting ‘misconduct’ and specifically includes sexual harassment. The Model Standing Orders not only defines ‘sexual harassment’ in line with the definition under the Vishaka Judgment, but also envisages the requirement to set up a complaints committee for redressal of grievances pertaining to workplace sexual harassment.
  2. Conduct that may be construed as sexual harassment not only violates the Prevention of Workplace Sexual Harassment Act, but also could constitute an offence under the IPC. Section 354of IPC provides with the punishment of one year whoeverintends to Outrage the modesty of a woman.
  3. Section 354-A of IPC provides with the punishment of one year which may extend to three yearsin case ofSexual harassment by a man, physical contact and advances involving unwelcome demand for sexual favours or Showing pornography against the will of a woman; or making sexually coloured remarks.
  4. Section 354-B provides punishment for a term of three years but which may extend to seven years for assault or use of criminal force to woman with intent to disrobe Assault or use of criminal force to any woman or abetment of such act with the intention of disrobe her modesty.
  5. Section 354-C of IPC punishes forVoyeurism that meanswatching or capturing the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed.
  6. Section 354-D of IPC punishes for Stalking that isfollowing a woman and contacting or attempting to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman.
  7. Section 509 of IPC provides punishment for insulting the modesty of a woman,uttering any word, making any sound or gesture, with an intention to insult her modesty, or intruding upon the privacy of the woman. It provides with Simple imprisonment for a term which may extend to three years, and fine.