“Sexual Harassment” under the PoSH Act – Part 1
The core objective of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is stated in section 3 of the Act as “no woman shall be subjected to sexual harassment at any workplace.” But what is to be understood by Sexual Harassment in respect to the PoSH law? It is elaborately defined in section 2(n) of the Act to be read with section 3(2) of the Act. Section 2 (n) lists five different categories of behaviour which is considered as sexual harassment for the purposes of this law. Section 3 adds five more instances to the list of behaviour which is considered as sexual harassment for this law,
Section 2 (n) provides a definition which is inclusive in nature. It means that the definition is not exhaustive. It is not to be interpreted as limited to the instances mentioned in this section. Any behaviour which amounts to sexual harassment at workplace can be one of the following instances or also a combination of any of these instances of unwelcome acts. It includes both direct sexual harassment as well as sexual harassment by implication
- Any physical contact or advances
- A demand or request for sexual favours
- Making sexually coloured remarks
- Showing pornography
- Any other unwelcome physical, verbal or non-verbal conduct of sexual nature
Section 3(2) provides a list of instances, which may otherwise not be considered as sexual harassment. However, when they occur or are present in relation to or a connected with any kind of sexual harassment as defined in Section 2 (n), they will be considered as sexual harassment. These instances include
i) Implied or explicit promise of preferential treatment in employment of the aggrieved woman
ii) Implied or explicit threat of detrimental treatment in employment of the aggrieved woman
iii) Implied or explicit threat about the present or future employment status of the aggrieved woman
iv) Interference with the work of the aggrieved woman or creating work environment which is intimidating or offensive or hostile for her
v) Humiliating treatment which affects/ may affect her health or safety.
The definition of sexual harassment is broad enough to cover majority of instances of sexual harassment at workplace including physical behaviour, verbal comments or remarks as well as conversations, gestures and other non-verbal conduct. Every act of sexual nature, which is unwelcome from the perspective of the woman at receiving end of such action, will be considered as sexual harassment.
We will see the various elaborations, examples and instances held as sexual harassment by courts, in next few episodes.
Adv. Sayali Ganu Dabake
Founder Partner
LexonomiX
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