“Sexual Harassment” under the PoSH Act – Part 4
Visual & other types of sexual harassment
In the earlier episodes, we have discussed about definition of Sexual Harassment as per the PoSH Act and about physical and verbal sexual harassment. In this episode we wil discuss about the visual sexual harassment as well as other types of sexual harassment covered under the law.
Visual harassment can take place in many different ways. Exposing private parts, flashing, sexual gestures, showing of any pornographic material (whether photos, videos, posters or any other form), sexually explicit posters, pictures are some of the types of most commonly observed visual harassment. In addition to this, following actions have been considered as sexual harassment
- continuous staring, leering
- making lewd gestures,
- licking one’s own lips suggestively,
- sending flying kisses
- making kissing sounds
- following the victim
- wearing clothes like T-shirts with sexually explicit messages, pictures or graphics
have been considered as visual harassment.
Presence of any sexually explicit or offensive material at workplace, even if it is not directed towards any particular employee or co-worker still constitutes sexual harassment and creates hostile workplace environment.
The courts have differentiated between obscene materials and pornographic materials. Pornography requires sex as an essential ingredient of the content in questions. On the other hand, anything that can be considered as filthy, indecent and offensive for ordinarily modest man or woman can be considered as obscene. While showing of pornographic material is definitely sexual harassment, showing or sharing of obscene materials can also be sexual harassment after the surrounding circumstances are taken into consideration.
While capturing photos of the complainant, when alone, has been held as sexual harassment; taking photos at public places, without focus on complainant was not held to be sexual harassment, even when the complainant can be seen and identified in the photo.
The court has held that shouting in a fit of anger cannot be considered as sexual harassment under the PoSH Act.
“Quid pro quo” and “hostile work environment” are two categories of sexual harassments considered by courts. “Quid pro quo” covers all instances of seeking sexual favours or advances in exchange of work benefits or threats in case of refusal of such advances. Thus, both demands and retaliation is considered in this category.
Every other instance of harassment, which makes it unbearable for the victim to work in the workplace by creating a hostile workplace environment is considered in the second category.
In the next episode, the differences between sexual harassment, workplace harassment, flirting (which is not considered as sexual harassment) and consensual relationships will be considered.
Adv. Sayali Ganu Dabake
Founder Partner
LexonomiX
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