SCHOOL OF EXCELLENCE IN LAW

CHENNAI
PRACTICAL PAPER – 1: CRIMINAL LAW

Submitted in the partial fulfilment of the requirements for the completion

Of the under-graduation degree of BBA LLB (Hons) in the Tamil Nadu
Dr. Ambedkar Law University, Chennai

Submitted by
J. RAJASHREE
HC20098
2020-2025
C – Section

 BREAKING THE SILENCE: UNPACKING THE CULTURE

OF SEXUAL HARASSEMENT IN INDIAN WORKPLACES

Under the guidance and supervision of

Ms. T. VAISHALI
Assistant professor of Law
Department of Criminal Law
and Criminal Justice
Administration
The Tamil Nadu Dr. Ambedkar Law University, Chennai- 113
1
 DECLARATION

I hereby declare that the project submitted by me for the partial fulfilment of
the internal process of the semester examination, is Bona fide work done by me
and to assure the same will not be submitted for any other internal process of
this semester examination.
I would like to sincerely thank my faculty, Ms. T. Vaishali, Assistant
professor, for the guidance and support.

Date- 5/03/2025

2
 PERFORMANCE REPORT

NAME: RAJASHREE J.
REGISTER NO: HC20098
COURSE: BBA LLB(Hons)
YEAR: V
SECTION: C
Date of Student Faculty Marks Remarks
Submission signature signature

5/03/2025

3
BREAKING THE SILENCE: UNPACKING THE CULTURE
OF SEXUAL HARASSEMENT IN INDIAN WORKPLACES

1. ABSTRACT

India has a widespread problem with workplace sexual harassment, which

affects workers' mental health, professional development, and general morale.
A safe workplace is required by the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), yet
many cases go unreported because of victim-blaming, fear of reprisals, and
ignorance.
Sexual harassment is not exclusive to any one gender; it also affects men and
the LGBTQ+ community. However, women in particular suffer considerable
obstacles when trying to obtain justice. Organisational complacency,
insufficient grievance redressal procedures, and social stigma that prevents
victims from speaking up all contribute to the problem. Due to a lack of
frequent awareness campaigns or improperly structured Internal Complaints
Committees (ICCs), many workplaces lack confidence in reporting procedures.
Furthermore, illegal power structures in organisations frequently shield
offenders, making it challenging for victims to pursue justice.

The various types of sexual harassment in the workplace, the efficacy of

current legal frameworks, and the function of company policy in resolving the
issue are all examined in this article. It also draws attention to the actual
difficulties that workers encounter, legal loopholes, and the best ways to
establish a harassment-free workplace. Organisations must actively promote a
culture of respect, responsibility, and zero tolerance for harassment in addition
to adhering to the law. Indian workplaces may make significant progress in
establishing a secure and welcoming work environment for everyone by
fortifying workplace regulations, making sure anti-harassment measures are
4
strictly enforced, and encouraging awareness and sensitisation campaigns.

5
2. INTRODUCTION

Sexual harassment is a frequent problem that affects people in a variety of

settings. Sexual harassment laws in India have evolved through legislative and
judicial initiatives. This research paper seeks to provide a thorough
examination of the evolution of sexual harassment laws in India, focussing on
legislative milestones and key judicial declarations that have affected the legal
framework in this area. This includes calling her for work every day and
keeping her up late, staring at her bosom, neck, eye, and other body parts,
repeating unwanted invitations for dinner, drinks, and movies, proposing
physical intimacy beginning with subtle suggestions that could lead to overt
requests for dates or sex, providing sexual support, insisting that she wear the
sexiest and most revealing saree, suit, dress, and embracing suggestive
hairstyles, lipstick, and other cosmetics. Although the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act (POSH Act)
was passed in 2013 with the intention of protecting women from sexual
harassment and guaranteeing a secure workplace, the frequency of these
occurrences remains a critical issue.

Since 2018, India has reported more than 400 incidences of sexual harassment
at work annually, with an average of 445 cases per year, according to data from
the National Crime Records Bureau (NCRB). There were 419 cases reported in
2022 alone, or almost 35 occurrences every month. Notably, some states have
reported larger numbers; for example, in 2022, Kerala reported 83 cases,
Maharashtra reported 46, Karnataka reported 43, and Himachal Pradesh
reported 97. The continued prevalence of sexual harassment in the workplace
in India highlights the need for stricter enforcement of current legislation, more
education and training initiatives, and a culture shift that views such behaviour
as unacceptable. For all employees to work in a safe and fair environment,
these issues must be resolved.
6
3. AIM OF THE STUDY

In order to promote safer and more inclusive work environments, this study
aims to perform a thorough analysis of workplace sexual harassment in India,
with particular attention to determining its prevalence, assessing the efficacy of
current legal frameworks, identifying obstacles to reporting, examining
organisational policies, and making practical recommendations. By tackling
these goals, the study hopes to advance knowledge of the problem and guide
the creation of more potent laws and procedures to stop sexual harassment in
the workplace in India.

4. OBJECTIVES AND SCOPE OF THE

STUDY OBJECTIVES

1. Evaluating Prevalence and Forms: Examine the prevalence and range

of sexual harassment in various industries, including both formal and
informal employment.

2. Assessing Legal Frameworks: Examine how well the Sexual

Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act, 2013, and other pertinent laws are being implemented
and how well they protect workers and handle situation.

3. Finding Reporting Barriers: Examine the obstacles victims have

when reporting incidents, including cultural norms, fear of reprisals,
and ignorance of available channels for redress.

4. Analysing Organizational Policies: Examine how organisational

culture, rules, and preventative measures affect the incidence and
resolution of sexual harassment claims by conducting an analysis of
organisational policies.

5. Making Suggestions: Create workable plans to enhance reporting,

prevention, and resolution processes in order to make workplaces
safer and more welcoming.

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 SCOPE OF THE STUDY

This study's scope includes a thorough analysis of sexual harassment in the

workplace in India, with a particular emphasis on a number of important
aspects: examining the frequency and types of sexual harassment that workers
encounter in a variety of settings, including formal and informal workplaces;
assessing critically how well the Sexual Harassment of Women at Workplace
(Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) and other
pertinent laws are being implemented and how well they protect workers and
deal with harassment incidents.

5. RESEARCH METHODOLOGY
The research is predominantly based on Qualitative research
methodology with secondary data, and other non-numerical data with
materials from books, articles and other sources.

6. HYPOTHESIS OF THE STUDY

1. What is workplace sexual harassment?
2. What legal provisions are involved?
3. What are the possible punishments available?

7. RESEARCH QUESTION- WHAT IS THE CULTURE OF

SEXUAL HARASSEMENT IN WORPLACE IN INDIA IS
ALL ABOUT?
Definition of Sexual Harassment
Sexual harassment, as established in the pivotal case of Vishaka v. State of
Rajasthan, is defined by the Supreme Court as follows:

8
“Sexual harassment” encompasses any one or multiple of the following
unwelcome actions or conduct (whether explicitly or implicitly) as:
(a) Physical contact and advances;
(b) A request or demand for sexual favours;
(c) Making sexually suggestive remarks;
(d) Displaying pornography;
(e) Any other form of physically, verbally, or non-verbally expressed conduct
of a sexual nature;
When any of these actions occur in situations where the victim has a
reasonable fear that, regarding the victim’s employment or work (whether she
is receiving a salary, honorarium, or voluntary service, whether in government,
public, or private sector), such conduct could be humiliating and may pose a
health and safety concern, it qualifies as sexual harassment in the workplace. It
is considered oppressive, for example, when a woman has reasonable grounds
to believe that her complaint could negatively affect her job or work (including
hiring or promotion), or when it fosters a hostile work environment. Adverse
consequences may arise if the victim does not acquiesce to the referenced
behaviour or raises any objections to it.
Sexual Harassment laws evolution in India
The Indian Penal Code, 1860
The Indian Penal Code (IPC) is pivotal in tackling and preventing sexual
harassment through multiple sections, mainly Sections 354A, 354B, 354C, and
354D. These sections were added to clearly define and penalize various types
of sexual harassment, including actions such as unwanted physical contact,
advances with unwelcome and explicit sexual suggestions, voyeurism, stalking,
and other related crimes.

9
Section 354A addresses sexual harassment, granting legal acknowledgment to
unwanted physical contact or advances, unwelcome sexual suggestions, and
requests for sexual favours.1Section 354B specifically focuses on assault or the
use of criminal force against a woman aimed at disrobing her, while 2 Section
354C pertains to voyeurism and penalizes the act of capturing or sharing
images of a woman engaging in a private act without her consent. Section 3
354D pertains to stalking, making it a crime to persistently monitor or follow a
person, causing fear or distress. These legal provisions work collectively to
foster safer environments and shield individuals from various forms of sexual
harassment, creating a legal framework for reporting,
investigating,
and resolving such incidents while promoting a culture of respect
and equality. 4
Vishaka Guidelines, 1997
The significant Supreme Court ruling of Vishaka v. State of Rajasthan (1997)
acknowledged sexual harassment as a breach of fundamental rights under
Articles 14, 19, and 21 of the Indian Constitution. In the absence of a specific
law, the court established guidelines referred to as the Vishaka Guidelines to
tackle sexual harassment in the workplace. These guidelines stress the
importance of prevention, prohibition, and redressal of sexual harassment, as
well as the execution of obligatory internal investigations.

Article 14 – Right to Equality: Article 14 guarantees equality in the eyes of the

law and equal protection of the laws throughout India. The Vishaka Guidelines
corresponded with this principle by highlighting equality in the workplace,
especially in safeguarding women from sexual harassment. It required the
establishment of Internal Complaints Committees (ICCs) to provide a fair and

1
Indian Penal Code,1860e § 354A, No. 1, Acts of Parliament, 1860 (India).
2
Indian Penal Code,1860e § 354B, No. 2, Acts of Parliament, 1860 (India).
3
Indian Penal Code,1860e § 354C, No. 3, Acts of Parliament, 1860 (India).
10
4
Indian Penal Code,1860e § 354D, No. 4, Acts of Parliament, 1860 (India).

11
unbiased
process for addressing grievances, treating all individuals equally and
5
without bias.
Article 19 – Freedom of Expression and Occupation: Article 19 secures various
freedoms, including the freedom of speech and expression, as well as the right
to engage in any profession, trade, or occupation. The Vishaka Guidelines
sought to foster a supportive work environment by protecting women's rights to
pursue their careers free from sexual harassment, ensuring their capacity to
exercise their professional rights without the fear of harassment 6or
intimidation. Article 21 – Right to Life and Personal Liberty: Article 21
guarantees the right to life and personal liberty, which includes the right to live
with dignity. The Vishaka Guidelines acknowledged that sexual harassment
infringes upon this right by violating an individual's dignity and personal
freedom. The guidelines were designed to protect this fundamental right by
providing a structure to prevent harassment, investigate complaints, and
guarantee a secure and dignified work atmosphere for women7.
These constitutional rights acted as the foundational principles behind the
creation of the Vishaka Guidelines. They highlighted the significance of
equality, protection from harassment, and the right to live with dignity,
establishing the groundwork for a workplace that upholds these fundamental
rights for everyone, especially women.
Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013
On June 26, 1975, Indira Gandhi, who was the Prime Minister of India at the
time, spoke at the United Nations Women's Conference in Mexico and stated
that the lower status and limited opportunities for women obstructed the
advancement of humanity. This general statement indicates that their liberation

5
INDIA CONST. art. 14
6
INDIA CONST. art. 19
7
INDIA CONST. art. 21
12
is crucial and that improved resources must be provided to facilitate their
complete growth and development. The 20th century initiated a period where
women began to assert their rights. Their involvement in the process of nation-
building is a vital component in securing their rights. Achieving economic
independence will promote the liberation of women and elevate their societal
position. In India, women are joining the formal labour market in
unprecedented quantities. Given this trend, the rights of women, particularly in
the workplace, are more important than they have ever been. The 'Right to
Work' encompasses safeguards against sexual harassment in the workplace.

The act of sexual harassment against women in the workplace constitutes a

form of gender-based violence. In addition to undermining their self-esteem,
dignity, and self-respect, it also infringes upon their constitutional and human
rights.
The matter of sexual harassment in the workplace should not be perceived as a
recent issue, although it has indeed been highlighted by rapidly changing
workplace dynamics. In India, the relevant legislation pertaining to this issue is
the Sexual Harassment of Women at Work Place (Prevention, Prohibition and
Redressal) Act, 2013 (POSH Act). Consequently, the Act ensures that women
are safeguarded against sexual harassment at work. Moreover, it establishes
procedures for preventing and addressing complaints related to sexual
harassment.
Scope and enactment of the POSH Act
A Dalit woman named Bhanwari Devi, who was employed by the Rajasthan
government in the rural development programme, was violently gang-raped in
1992 for trying to stop the practice of child marriage at that time. It was
observed that women working in this sector faced numerous dangers on a daily
basis, thereby illustrating the necessity for protections to be established.

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Under the banner of Vishaka, various women's rights activists and lawyers had
submitted a Public Interest Litigation (PIL) to the Supreme Court of India. The
Vishaka Guidelines were established following a petition submitted by Vishaka
and four other women's organizations in Rajasthan against the State of
Rajasthan and the Union of India. In August 1997, the Supreme Court in
Vishaka v. State of Rajasthan (1997) rendered a decision providing guidelines
for addressing sexual harassment in the workplace. This was regarded as a
major legal victory for women's organizations in India. Consequently, the topic
of sexual harassment gained acknowledgment in India in 1997, and the action
resulted from a collaborative effort among non-governmental organizations,
feminists, and lawyers. Essentially, the Supreme Court highlighted the issue of
sexual harassment in the workplace to the general public. The Apex Court
noted the following in recognizing the problem:

“The incident reveals the hazards to which a working woman may be

exposed and the depravity to which sexual harassment can degenerate;
and the urgency for safeguards by an alternative mechanism in the
absence of legislative measures. “

To address the urgency of the issue, the Supreme Court established guidelines
that emphasize women's rights in international covenants, international, such as
the Beijing Declaration from the Fourth World Conference on Women and the
Covenant on the Elimination of Discrimination Against Women, prompted the
Court to arrive at a clear acknowledgment regarding sexual harassment in the
workplace. Traditionally, sexual harassment was considered either a form of
employee misconduct or a criminal act if the behaviour activated the provisions
of various existing laws. However, the legal landscape shifted following this
case, with the issue being recognized as an offense.

14
By formulating the Vishaka Guidelines, the Supreme Court determined that
workplaces, institutions, and individuals in positions of authority must protect
the fundamental right to equality and dignity that women in the workforce
possess. Institutions were mandated to fulfil three essential responsibilities:
1. Prohibition
2. Prevention
3. Redress
The government subsequently announced the POSH Act in 2013. By adhering
to the previously mentioned three elements, the Act aims to guarantee women's
equal opportunity in the workplace, free from sexual harassment, as outlined in
the Vishaka judgment. Additionally, the Act offers women a civil remedy
alongside other existing laws. Consequently, a woman who reports occurrences
of sexual harassment in the workplace is entitled to seek both civil and criminal
remedies.
Preamble to the POSH Act
Parliament passed the Act in the 64th year of its Republic, thereby broadening
its reach across the nation. This Act became effective on December 9, 2015,
after the implementation of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Rules, 2013 (POSH Rules). A law
typically becomes effective immediately upon notification, but in this instance,
the Act was released by the Ministry of Law and Justice (Legislative
Department) for public awareness. It explicitly indicated that the Act would
take effect after the rules were published in the Gazette, a process that took
nearly 8 months to finalize.

A statute's preamble outlines the legislative purpose and the individuals it aims
to assist. In its preamble, the current Act explicitly mentions that its goal is to
safeguard women from sexual harassment at the workplace, to prevent and

15
address complaints of sexual harassment, and to provide for matters related to
or arising from such harassment.
Statement of object and reasons of the POSH Act
There is a requirement for specific laws when an individual, a group, or a of
society engages in actions that harm another individual, group, or segment of
society, and the existing social system is insufficient in preventing such actions.
Such circumstances necessitate laws that are enacted and enforced through the
state machinery, intended to act as a deterrent via penalties, sentences, or
compensations, etc. Consequently, it became essential to implement the
existing Act as women entered the labour market in greater numbers and
encountered new challenges at work.

Any legislation can be comprehended and interpreted by examining their

introductions and 'Statements of Objects and Reasons', which detail the
justifications that prompted the introduction of the legislation. In particular, the
Statement of Objects and Reasons of this Act asserts that sexual harassment
infringes upon women's fundamental rights to equality, life, and liberty, as
enshrined in Articles 14 and 15 of the Constitution of India, as well as their
right to life and dignity under Article 21 of the Constitution. It is also crucial to
recognize that sexual harassment may also be seen as a breach of individuals'
right to engage in any profession or to pursue any occupation, trade, or
business, which encompasses the right to be free from sexual harassment in
their workplace.

The Statement of Objects and Reasons of the Act includes Article 11 8of
CEDAW as a component of its Objectives and Reasons, which mandates States
Parties to undertake all suitable measures to eradicate discrimination against

8
the Convention on the Elimination of All Forms of Discrimination against Women
16
women in the workplace. Sexual harassment is one such instance of gender-
based violence, which can significantly hinder equality in employment for
women. Moreover, this legislation contains provisions that safeguard all
women irrespective of their employment status. Additionally, the Statement of
Objects and Reasons recognizes that the Supreme Court has issued guidelines
to tackle this matter until suitable legislation is put in place.
Key definitions under the POSH Act
Sexual Harassment
Similar to what was mentioned in the Vishaka Judgment of the Supreme Court,
the POSH Act outlines sexual harassment in Section 2(n) of the Act. The POSH
Act articulates that "sexual harassment is any unwelcome sexual conduct,
whether expressed directly or indirectly, and encompasses instances of physical
contact and advances, or a sexual favour requested or demanded, or making
comments with sexual implications, or displaying pornography or other
inappropriate materials, or behaving in an unwanted sexual manner through
physical, verbal, or non-verbal communication. There are several situations that
may be classified as sexual harassment, including those outlined below if they
occur or are present during an act or behaviour of sexual harassment: A
promise of preferential treatment at work; A threat of adverse treatment in the
workplace that is implicit or explicit; An implicit or explicit threat concerning a
person's employment status, current or future; Interference with work or the
creation of an intimidating, offensive, or hostile work environment; or
Humiliating treatment likely to impact the lady employee's health or safety.

The POSH Act describes sexual harassment as either explicit or implied

conduct, regardless of its being physical, verbal, or written. The key aspect of
this kind of behaviour is that it is unwanted and unwelcome. One of the types
of sexual harassment is quid pro quo sexual harassment, which is a type of
sexual
17
extortion. A common example of quid pro quo harassment includes a person in

18
authority coercing an employee for sexual favours in return for promotion or the
threat of negative employment consequences.

Along with generating a threatening work atmosphere, the definition also

encompasses the creation of a hostile work environment. For instance, a
workplace where a female employee feels humiliated due to receiving
unsolicited comments about her physique. The responsibility of assessing
whether the harassment experienced by the victim constitutes a hostile work
environment lies with the internal committee since the Act does not delineate a
clear-cut test. Furthermore, the definition of what constitutes sexual
harassment can differ from case to case, dependent on the circumstances and
context.
Employee
The POSH Act, as specified in Section 2(1), broadly defines employees to
encompass regular, temporary, and ad hoc workers. According to this section,
an employee is defined as a person engaged in a daily wage role, be it directly
or via an agent, a colleague, a probationer, a trainee, and an apprentice,
regardless of whether they receive payment or not, whether they are doing so
voluntarily or otherwise, and regardless of whether the employment terms are
stated or implied.
Workplace
Although the Vishaka Guidelines were limited to conventional office
environments, the POSH Act expands the idea of a workplace, acknowledging
that harassment can occur outside of the traditional workplace. According to
Section 2(o) of the Act, a 'workplace' is defined as any location that an
employee visits as part of their job, including any transportation provided by
the employer for commuting to and from work.

19
In Saurabh Kumar Mallick v. Comptroller and Auditor General of India (2008),
9the respondent, who was undergoing departmental investigations for allegedly
harassing a senior female officer, argued that he could not be charged with
sexual harassment at work since the alleged misconduct took place not at the
workplace but in an official mess where she lived. Another point made was that
the complainant held a higher position than the respondent, implying that he
could not request any favours from her, and hence, the incident did not amount
to sexual harassment. The Delhi Court considered this argument to be clearly
misguided. The Delhi High Court asserted that the official mess, where the
employee reported experiencing sexual harassment, met the criteria of a
workplace as defined by the POSH Act.

This Act requires the establishment of Internal Complaints Committees (ICCs)

in workplaces where there are ten or more employees. These committees are
tasked with addressing complaints of sexual harassment, ensuring a fair and
confidential investigation, and providing a secure platform for the complainant
to voice their concerns. The POSH Act highlights the significance of fostering a
work environment that is devoid of sexual harassment, offering avenues for
redressal and safeguarding against retaliation for individuals who report
incidents. It outlines various types of harassment, including verbal, non-verbal,
or physical behaviours of a sexual nature that contribute to a hostile or
intimidating work atmosphere for women.

Adhering to the POSH Act entails educating employees about their rights,
responsibilities, and the processes for reporting incidents of sexual harassment.
Employers are obligated to conduct ongoing awareness initiatives and keep
records of complaints and their resolutions. In summary, the POSH Act is vital

9
(2008)8 SCC 212
20
in advancing gender equality and ensuring a safe and respectful work
environment for women by establishing explicit guidelines and processes to
tackle occurrences of sexual harassment.
Amendments to the POSH Act, 2020
The POSH Act experienced major revisions in 2020 to enhance the existing
legal structure. These revisions broadened the definition of “aggrieved woman”
to incorporate transgender individuals and established measures for online
sexual harassment. The revisions also intensified penalties for failing to
comply with the Act, guaranteeing more rigorous enforcement.
 Strengthening penalties:
 Augmenting fines and imprisonment durations for employers who fail
to adhere to the Act.
 Holding individuals such as managers accountable for
workplace harassment through criminal prosecution.
 Expanding coverage:
 Incorporating domestic workers, interns, and volunteers within the
Act’s safeguards.
 Addressing online harassment and cyberbullying as a type of
sexual harassment.
 Improving Implementation:
 Requiring enhanced training for Internal Complaints Committees
(ICCs) concerning investigations and grievance resolution.
 Streamlining the complaints procedure to render it quicker and
more effective.
 Affording increased protection for complainants against victimization
or retaliation.
 Other Potential Amendments:

21
  Clarifying the definition of “workplace” to encompass remote work
and virtual environments.
 Tackling intersectional vulnerabilities encountered by
LGBTQ+ individuals and marginalized groups.
 Reinforcing the function of the external committee for monitoring
and oversight.
These are merely some of the suggested amendments, and the ultimate form of any
official alterations remains uncertain. Nevertheless, the emphasis appears to be
on stricter penalties, broader coverage, improved implementation, and adapting
to the changing dynamics of work and harassment.
Punishments and compensation
An employer may discipline an employee in the following manners for
participating in sexual harassment as per the POSH Act:
 The punishment outlined under the organization's service rules
 If the organization lacks service rules, disciplinary measures may
consist of a written apology, warning, reprimand, censure, withholding
of promotion, withholding of pay rise or increment, terminating the
respondent from service undergoing a counselling session, or
performing community service; and
 Reduction of the respondent's wages to provide compensation to
the aggrieved woman (Section 13 of the POSH Act).
 The POSH Act, as per Section 15, also allows for compensation
for aggrieved women. In deciding on compensation, the following
considerations must be acknowledged:
 Affected employee's mental trauma, pain, suffering, and
emotional distress;
 The loss of career opportunities resulting from sexual harassment;
 Physical and mental health treatment costs incurred by the victim;

22
  Whether the accused individual possesses a high income or holds a
high status; and
 Whether lump sum or instalment payments are practical.
 A failure by the respondent to remit the aforementioned amount will
lead to the IC sending the order of recovery to the concerned District
Officer.
Drawbacks of the POSH Act
There are several loopholes and deficiencies in the Act that have surfaced over
time and hinder it from achieving its full potential today. This shortcoming and
inadequacy in legislation continue to negatively impact women. Thus, it is
crucial to identify and rectify these inconsistencies. The following are the key
problems:
 Gender neutrality
The Act does not provide specific protection for other employees who may
experience work-related sexual harassment. A woman who is wronged by
sexual harassment is defined in Section 2(a) of the Act as someone who claims
that she experienced such an act. In Section 3, it is stated that it is not
permissible to harass a woman at her workplace. This Act, therefore, excludes
the opportunity for redress for complaints made by men or LGBTQ+
individuals by restricting the scope solely to women.

As women have traditionally faced disadvantages, this inherent bias is not

necessarily negative. The employment rights of women may have been
sheltered and enhanced through gender-focused laws like these. The presence
of a biased law reinforces the longstanding stereotype of a male perpetrator and
a female victim, undermining the idea of equality in the workplace. It is,
therefore, essential to advocate for a gender-neutral law that requires
workplaces to implement suitable policies for handling sexual harassment by
both men and individuals from the LGBTQ+ community.
23
  Threats of retaliation
Workplace harassment reporting reluctance among women is significantly
influenced by the fear of retaliation from the harasser or their organization.
Most victims avoid confronting perpetrators due to concerns about social
stigma, embarrassment, or escalated harassment. Women reporting senior
employees face extra difficulties, including increased peer or supervisor
hostility, negative job references, or job loss.

During investigations, employers can act under Section 12. This might involve
transferring the affected woman, granting her up to three months' leave, or
providing other court-suggested relief. Consequently, there seems to be
insufficient protection to foster a positive work environment and guarantee her
safety should she remain employed. Section 19 outlines various employer
responsibilities, but protecting complainants from stigma or further harassment
is not included. Although unintended, this omission suggests a lack of
workplace security for complainants, potentially necessitating a job change for
safety.
 Limited recourse for women in the informal sector
Human Rights Watch released a comprehensive study in 2020 outlining the
shortcomings of the Act for women in the informal sector. The report highlights
how these workers perceive their experiences of sexual harassment as 'trivial'
and believe they would be better off just ignoring them instead of engaging in a
protracted legal process that often does not meet their needs. The reality that
complaints from women in the informal sector are overlooked by the Act is
especially disheartening.
 Compliance audit and governmental scrutiny
Due to Sections 21, 23, 24 and 25 of the Act, it is the government's duty to
oversee the functioning of the Internal Committees, Local Committees,
employers, and every other aspect of the Act's implementation. Additionally,
24
they are obligated to monitor the number of sexual harassment cases that have
been filed and resolved in their workplaces. It is essential to supervise
compliance to uncover grey areas and to bring attention to those requiring
further inquiry. Those accountable for failing to fulfil their duties may not
encounter any repercussions without such oversight. The effectiveness of the
law is also diminished when it cannot be assessed for its flaws.

Procedural and technical drawbacks of the POSH Act

A number of technicalities in the Act prevent it from being fully implemented.
The provisions of Section 9 stipulate that victims of sexual harassment must
file a complaint within three months of the occurrence. A further three months
may be granted if the Committee is convinced that certain circumstances
prevented the victim from filing their complaint within the prescribed deadline.
There is also no option to make anonymous complaints under the Act.

Landmark Cases and their Impact

1. Apparel Export Promotion Council v. A.K. Chopra (1999):10
FACTS
The case “Apparel Export Promotion Council v. A. K. Chopra” (1999)
involved allegations of sexual harassment at work. A female employee, Miss X,
accused her supervisor, A. K. Chopra, of making unwanted sexual advances
towards her at the Apparel Export Promotion Council (AEPC). On August 12,
1988, Chopra took Miss X to the Taj Palace hotel under the pretext of taking
dictation from the chairman. In that secluded location, he made inappropriate
advances and attempted to molest her in an elevator.

10
997(42) DRJ 526

25
After she filed a complaint on August 18, Chopra was suspended, and an
inquiry found him guilty of molestation. He was dismissed from his position
on June 28, 1989. Chopra appealed this decision, but the Staff Committee
rejected his appeal. He then filed a writ petition in the High Court, which
confirmed that he had attempted molestation but did not complete the act. The
court dismissed his petition but instructed AEPC to reinstate him in a different
office without back pay for two years.

The complainant reported the harassment but felt management did not take
serious action. She approached AEPC’s internal complaints committee, which
acknowledged Chopra's guilt but only warned him and changed his
department. Unhappy with this response, she took the matter to the Delhi High
Court, which agreed that the actions taken by management were insufficient and
highlighted the employer's responsibility for employee actions. This case
emphasized the importance of addressing workplace sexual harassment and
contributed to the establishment of legal protections, including the Sexual
Harassment of Women at Workplace Act in 2013.

Judgement:
The appellant took their case to the Supreme Court through a writ petition after
facing workplace sexual harassment against women. In the Vishaka v. State of
Rajasthan (1997) case, a three-judge panel established guidelines to address this
issue, outlining examples of unwanted sexual behaviour, such as physical
contact, sexual propositions, suggestive comments, explicit materials, and other
unwelcome actions. The Apparel Export Promotion Council v. A. K. Chopra
case emphasized that courts must look at sexual harassment cases broadly and
avoid getting too caught up in minor details. The Supreme Court criticized the
26
High Court's approach for missing the larger context of the respondent's
behaviour and stated that punishment decisions should remain with the
appropriate authority. It warned that reducing punishment could harm female
employees' morale. Finally, the Supreme Court overturned the High Court's
ruling and upheld the decision to dismiss the respondent from service.

2. Bhanwari Devi v. Sarpanch Mohan Ram & Ors. (1995):

FACTS
The case Bhanwari Devi v. Sarpanch Mohan Ram and ors (1995) 11is an
important case in India related to gender justice and workplace harassment.
Bhanwari Devi, a social worker from Rajasthan, was involved in the Women’s
Development Programme (WDP) and focused on preventing child marriages. In
1992, she sought to prevent the marriage of a one-year-old girl in her village,
which provoked the dominant upper-caste Gujjar men. In retaliation, on
September 22, 1992, she was gang-raped by five upper-caste men in front of
her husband. When she attempted to report the crime, the police were
indifferent and postponed her medical examination. The trial court eventually
acquitted the accused, claiming that upper-caste men would not assault a lower-
caste woman, prompting national outrage and protests from women’s rights
organizations.
Although she did not obtain justice, her case marked a crucial point for
women’s rights in India. It impacted the Supreme Court’s historic 1997 verdict
in Vishaka v. State of Rajasthan, which established the Vishaka Guidelines to
tackle sexual harassment in the workplace. These guidelines ultimately resulted
in the creation of the Sexual Harassment of Women at Workplace (Prevention,
Prohibition, and Redressal) Act, 2013, providing legal safeguards for women
against harassment in work environments.

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11
AIR 1997 SC 3011

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JUDGMENT
The judgment in Bhanwari Devi v. Sarpanch Mohan Ram and Ors. (1995)
stands out as one of the most debated legal rulings in Indian history. The case
was adjudicated in a trial court in Rajasthan, where the defendants were cleared
of all charges, resulting in national outrage and marking a crucial turning point
in India’s legal domain concerning gender justice and sexual violence.
Trial Court Proceedings and Verdict:
Following the brutal gang rape of Bhanwari Devi on September 22, 1992, she
and her spouse promptly reported the incident to the police. Nevertheless, they
encountered severe insensitivity, which included delays in the medical
examination, inadequate investigation, and victim-blaming perspectives from
law enforcement. The case was presented before the District and Sessions
Court in Rajasthan, where the legal proceedings were fundamentally flawed
and biased.
In 1995, the trial court found all the accused not guilty, influenced by
prejudicial views based on caste and antiquated logic. The court concluded that
upper-caste men would never sexually violate a lower-caste woman,
suggesting that such an action would contradict their societal customs. The
ruling illustrated the deeply rooted discrimination against Dalits and lower-
caste individuals and revealed significant deficiencies in the judicial system’s
treatment of gender and caste-related offenses.

Aftermath and Public Outrage:

The acquittal incited nationwide demonstrations led by women’s rights
organizations, legal advocates, and civil society groups. The case underscored
the systemic inadequacies of the Indian judiciary in safeguarding marginalized
women from sexual violence and emphasized the pressing necessity for legal

29
reforms. The backlash sparked extensive conversations regarding gender justice,
workplace harassment, and institutional prejudice within India’s legal system.

Impact on Indian Law:

Even though Bhanwari Devi did not attain justice in her situation, her struggle
resulted in a significant shift in India’s legal stance on workplace harassment
and gender-based violence. The case was instrumental in the Supreme Court’s
1997 ruling in Vishaka and Ors. v. State of Rajasthan, during which the Court
established the Vishaka Guidelines—a series of legally mandated protocols to
combat sexual harassment in the workplace. These guidelines served as the
groundwork for The Sexual Harassment of Women at Workplace (Prevention,
Prohibition, and Redressal) Act, 2013, granting women enhanced legal
safeguarding against workplace harassment.

30
CONCLUSION
The development of sexual harassment laws in India showcases a complex
journey characterized by legislative milestones, judicial interpretations, and
societal changes. From the foundational Vishaka Guidelines acknowledging
sexual harassment as a breach of fundamental rights to the passage of the
Sexual Harassment of Women at Workplace Act in 2013 and its later
amendments in 2020, India's legal framework has progressively tackled
various types of harassment.

Nevertheless, in spite of these advancements, obstacles remain in execution and

inclusivity. The intricacy of workplace dynamics, cultural views, and
intersectional vulnerabilities calls for constant diligence and flexibility in legal
provisions. The expanded reach of the 2020 amendments to include transgender
individuals, remote workplaces, and online harassment represents a significant
move toward inclusivity and adaptability in response to shifting societal
contexts. The jurisprudence related to sexual harassment, demonstrated by
pivotal cases such as Vishaka, Apparel Export Promotion Council, and
Bhanwari Devi, has not only interpreted laws but has also established
precedents for a proactive stance in tackling and preventing harassment. These
cases highlight the importance of employer responsibility, the extensive
definition of the workplace, and the necessity for cultural awareness in
confronting harassment issues.

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In conclusion, although India’s legal framework has progressed in confronting
sexual harassment, a unified effort involving thorough implementation,
increased awareness, and ongoing reforms is essential. A comprehensive,
strong legal framework together with proactive strategies in workplaces and
society as a whole is crucial for nurturing a culture of respect, equality, and
dignity, ensuring a safer and fairer environment for all individuals, regardless
of gender or social position.

32
REFERENCES
 Sexual Harassment – What is Sexual Harassment?
(n.d.). http://hrlibrary.umn.edu/svaw/harassment/explore/1whatis.htm
 Vishaka & Ors vs State Of Rajasthan & Ors,
1997, https://blog.ipleaders.in/case-analysis-vishaka-ors-v-state-of-
rajasthan-ors-1997-6-scc-241-landmark-case-on-sexual-harassment/
 Tuka Ram And Anr vs State Of Maharashtra,
1978 https://www.thelegalvidya.in/tukaram-anr-vs-state-of-
maharashtra#:~:text=But%20case%20of%20Tukaram%20%26%20Anr,t
he%20history%20of%20Indian%20judiciary
 Sneha Mahawar, POSH Act, 2013, (last visited
Jan. 7,2024), https://blog.ipleaders.in/posh-act-
2013/#Preamble_to_the_POSH_Act
 Abhishek Bansal, EMERGENCE OF THE POSH ACT &
ITS FEATURES VIZ-A-VIZ VISHAKA
GUIDELINES, https://acumenjuris.com/article-single.php?id=36
 Nitish Desai and Associates, Prevention of Sexual Harassment
at Workplace, (last visited Jan.
8,2024), https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Resea
rch_Papers/Prevention_of_Sexual_Harassment_at_Workplace.pdf
 POSH act, 2013
 POSH Act (Protection of women from Sexual Harassment Act, 2013)
– ClearIAS
 POSH Committee – NYAY TANTRA

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