Sexual Harassment at the Workplace

Sexual Harassment at workplace is an extension of violence in everyday life and is discriminatory and exploitative, as it affects women’s right to life and livelihood. In India, for the first time in 1997, a petition was filed in the Supreme Court to enforce the fundamental rights of working women, after the brutal gang rape of Bhanwari Devi, a social worker from Rajasthan. As an outcome of the landmark judgment of the Vishakha and Others Vs State of Rajasthan, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was enacted to provide a mechanism to redress grievances pertaining to workplace sexual harassment and enforce the right to gender equality of working women. The Act is also unique for its wide ambit as it is applicable to the organised sector as well as the unorganised sector.

The legislation, however, required the support and commitment of all stakeholders for its effective and successful implementation in preventing sexual harassment. It casts an obligation upon the employer to address the grievances in respect of sexual harassment at workplace in a time bound manner. It is in this context that this handbook would be very useful as it provides clear definition of what constitutes sexual harassment and explains how the complaint process works.

Sexual Harassment” includes anyone or more of the following unwelcome acts or behaviour (whether directly or by implication), namely:

  • 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 a sexual nature