“Sexual Harassment” under the PoSH Act – Part 3
Verbal Sexual Harassment
As seen in the earlier episodes, the definition of sexual harassment under the PoSH law is wide covering range of behaviour. One of the categories of instances covered is verbal harassment.
Verbal sexual harassment can occur when someone’s words, language and comments – whether spoken or written are sexual in nature and are unwelcome for the person to whom they are spoken or written.
The most common instance of verbal sexual harassment is comments about a person’s body, clothing and looks. Any comment shall be sexual harassment when it is sexually suggestive, using sexually explicit words or using double meaning words. This also means when a comment or compliment is not sexually suggestive, it cannot be considered sexual harassment. Eg. When someone comments “you have lost weight”. It will not be sexual harassment. But when someone comments, “you are more attractive after losing all that weight”, it will be considered sexual harassment. Such sexual comments whether made individually or in group also amount to sexual harassment.
Use of sexually suggestive language or double meaning words, telling sexual jokes, sharing sexually explicit or stories or use sexually suggestive language, singing songs with explicit or suggestive lyrics are some more instances of verbal sexual harassment.
In a professional setting, use of words like “dear”, “honey”, “baby”, “darling” while addressing a colleague can also be considered as sexual harassment. Unwelcome flirting is another example of verbal harassment. Frequent or excessive use of swear words at work can also be unwelcome sexual conduct for a female colleague and therefore sexual harassment.
When someone ask personal questions about other person’s sex life, sexual history, preferences and fantasies, it amounts to sexual harassment.
Sexual harassment definition under the Act covers both direct and indirect harassment. In some instances of harassment, the words are not directed towards the victim directly, but these are comments are made in group or may also be during discussions with colleagues or other persons who know the victim. Therefore, spreading rumours about someone’s sex life, moral character, calling someone with nicknames with sexual connotations or linking a person’s name with colleagues or boss are all instances of verbal sexual harassment.
What a person may not realize is repeated requests for dates or physical relationship, can also amount to sexual harassment. While a solitary act of request for marriage or asking someone out may not be sexual harassment, even a onetime request for sexual relations can be sexual harassment.
As per provisions of the PoSH Act, ‘Quid pro quo’ harassment is also considered as sexual harassment. Therefore, any demands for sexual favour coupled with promise of employment benefits (job guarantee, promotion, salary rise etc.) is sexual harassment and so is threatening (of termination, negative performance review, reassignment is less favourable shifts or position than the present one) for rejecting the sexual advances.
Adv. Sayali Ganu Dabake
Founder Partner
LexonomiX
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