Published on 29th April 2025
Authored By: Khushi Saroj
Ipem Law Academy
Abstract
Sexual harassment is any unwanted verbal, physical or non-verbal conduct of a sexual nature that violates a person’s dignity. It can include: unwelcome sexual advances, requests for sexual favors, other verbal physical harassment can be perceived as a spectrum sexual harassment is a form of sexual discrimination which is defined by title VII of the civil rights act 1964 as “Unwelcomed sexual advances” and about sexual harassment at workplace, it can take the form of discriminatory, verbal or Physical harassment. Especially for women’s government created the act, The sexual harassment of women at workplace (prevention, Prohibition and Redressal Act, 2013. Workplace harassment is a pressing issue that affects employees well being and productivity across the globe understanding the distinction between workplace harassment and sexual harassment is their capacity to foster a hostile work environment. We will discuss in article about sexual harassment legal framework and enforcements or their punishment and various Acts related to sexual harassment.
Sexual harassment at workplace related to civil rights Act of 1964
“Unwelcomed sexual advances” considered a form of sex discrimination, constituting sexual harassment are therefore prohibited under title VII of the law; Definition of Unwelcomed sexual advances under civil right Act 1964 – refers to any unwanted sexual behavior including physical contact, verbal comments or gestures.
Enforcement agency (equal employment opportunity commission EEOC) is responsible for enforcing title VII and investing claims of sexual harassment and Supreme Court has Interpreted Title VII to include sexual harassment as a form of sex discrimination. Employers are legally obligated to take Steps to prevent and address.
Sexual harassment at the Workplace Illustration and their solution with legal aspects
Illustration- Sarah is a new employee at a marketing firm her boss, mark, often comments on her appearance, saying things like “you look good in that dress “or” ‘I bet all the guys in the office are checking you out’ he also stands very close to her when they talk and sometimes touches her shoulder or back. Is this sexual harassment? Yes this is an example of sexual harassment because mark behavior is unwanted Inappropriate and makes Sarah feel uncomfortable in her workplace.
Solution- The legal punishment for sexual harassment at the workplace is Imprisonment and / or a fine, as per IPC Indian penal code – section 354(A) section of the IPC defines sexual harassment and the penalties for it. the punishment for sexual harassment is imprisonment for up to three years, a fine , or both employee also obligated to report sexual harassment offences and can also take other actions against.
Types of sexual harassment
- Verbal harassment- verbal harassment is insults someone at workplace or any other place, commenting sexual comments about a person’s body, anatomy, clothing or looks. Verbal sexual harassment can happen anywhere including in the workplace, through text or a phone call. it can also affect individual genders. If you will face any situation related to verbal sexual harassment, you can contact a lawyer for help and you can file a complaint under (ICC) Internal complaints committee and also SHe-Box.
- Non-verbal harassment- Non verbal harassment is a shape of harassment that uses body language, or other non verbal communication to make someone feel uncomfortable, winking, licking lips, mimicking sexual act, displaying sexual pictures etc. Non-verbal sexual harassment related complaint system is mainly “She-Box” online platform dedicated system under Ministry of women and child development of India.
- Physical harassment- physical harassment is a unwelcome physical contact, inappropriate touch, hampering someone movement, leaning over a standing too close. You can file a complaint under sexual harassment of women at workplace (prevention, prohibition and redressal act, 2013 (POSH).
- Sexual posts- suggestive content online about someone without their consent, with the intension to humiliate, intimate. you can file a complaint under She-Box , Prevention, prohibition and redressal Act, 2013 (POSH).
- Quid pro quo harassment- Quid pro quo harassment is a form of sexual harassment that means “this for that”, when someone in a position of higher post or power and demands sexual favors from his employee in exchange for a favorable work situations. you can file a complaint under POSH Act,2013 and also in ICC.
Hostile work environment
Hostile work environment is a work place where employees feel unsafe or uncomfortable due to offensive behavior, discriminate on or harassment. it can include verbal abuse, threats or racial slurs, physical abuse. It can also include environment impact all over area. Civil rights act 1964, the age discrimination in employment act (ADEA) or (EEOC) sets specific legal criteria for a hostile work environment , Established clear anti harassment policies, monitoring the workplace environment for a potential problems.
Understanding sexual harassment laws
Generally prohibit any unwelcome sexual advances, requests for sexual favors, verbal or physical of a sexual nature.
Important aspect of sexual harassment laws – 1) Victim does not have to be the opposite sex 2) Retaliation is illegal.
Role of POSH Act, 2013 in sexual harassment
POSH Act (prevention of sexual harassment of women at workplace Act, 2013) the posh act is considered a significant step towards addressing sexual harassment in India workplaces, POSH Act providing legal framework to protect women from such acts at their workplace, necessary organizations to establish internal complaints committees to investigate and address complaints, creating awareness about what constitutes sexual harassment, thereby concerns and seek redressal when facing such situations. POSH Act formally recognizes sexual harassment as a serious offense; POSH Act promotes mandatory training for employees at all levels to educate them about sexual harassment
Is Sexual harassment violation of a fundamental Right?
Yes, sexual harassment considered as a violation of the fundamental right of a woman under article 14, 15 of the constitution of
India.
Article 14- (Right to Equality) states that every person within the country is entitled to equality before the law and protection of the law.
Article 14 violation for sexual harassment because creating a discriminatory environment where are treated unequally due to their gender essentially deny them the right to work and live.
Articles 15- Indian constitution prohibit discrimination against citizens on the basis of religion, race, caste, sex or place of birth.
Article 15 violations for sexual harassment because it constitute discrimination based on sex which prohibit discrimination against any citizen on grounds of sex, sexual harassment is form of gender based discrimination.
Prevention strategies for sexual harassment
*Establishment of policy- Employees are aware that harassment is prohibited and make policies.
*Take sincere employee & good human nature- Sexual harassment prevent to take in office or work place good nature humans.
*Promote transparency- employees feel comfortable asking questions or sharing concerns without fear of punishment.
*Support victims- support to victims and maintain confidentiality.
*Educate employees- provide training on sexual harassment and ensure mangers understand their responsibility to prevent it.
Sexual harassment complaint system
*She-box- is a online platform managed by the ministry of women and child development, where any women can register a
Complaint can be filed directly.
*Internal complaints committee (ICC) – most work place requires to have an ICC where complaint can be filed directly.
*National commission for women (NCW) – Individual can also lodge complaints with the NCW, which has the authority to investigate and take action on sexual harassment cases.
State women’s commission- Depend on the location, complaints can be filed with the respective state women’s commission as well.
Punishment for sexual harassment at workplace in India
Under IPC Section 354(A) – defines sexual harassment as any of the following acts committed by a man : physical contact or advances with unwelcome and explicit sexual overtures, demanding or requesting sexual favors.
Punishments- for first three acts punishment is rigorous imprisonment for up to three years, a fine, or both and for fourth act, the punishment is imprisonment for up to one year, a fine, or both.
Landmark cases on sexual harassment at workplace
Vishaka and organization V. State of Rajasthan (citation no.1997 6 SCC 241)
In this case Supreme Court held that sexual harassment at the workplace violates women’s fundamental right to equality and right to life and liberty and enactment of POSH ACT, 2013
Other cases name- Apparel export promotion council V. A.K. Chopra, Poornima Advani V. Union of India, ICICI Bank V. Vinod Kumar, Vinita Srivastava V. Sahara India Real Estate Corporation Ltd.
Conclusion
In Sexual harassment article we discussed more effective problem and their solutions and this article may be aware of sexual harassment, which will face or faced it. sexual harassment is big problem for who face it situations, but this article can be helpful for victims and who are not aware that type of situations and also given punishments in this article for sexual harassment at workplace and all the things are observe serious concern which requires immediate attention for better outcome and sexual harassment at workplace in this article I have done to try legal Framework and enforcements and about POSH Act, 2013 mainly article related to this act and many commissions under government of India and also related sexual harassment landmark cases.
References
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