THE ICFAI UNIVERSITY, DEHRADUN

SUMMER INTERNSHIP PROGRAM 2022

Student’s Name: Jaya Vats

Enrolment No: 18FLICDDN01049

Batch Name & Year: BBA LLB (Hons.); 2018-2023

Year: 4th year

TOPIC NAME: - SEXUAL HARASSMENT AT WORKPLACE.

SUBMITTED BY: - SUBMITTED TO: -

JAYA VATS MR. RUPAK JOSHI

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 INDEX

 INTRODUCTION
 BACKGROUND AND ORIGIN
 LANDMARK CASE: THE TURNING POINT
 VISHAKA GUIDELINES: NEW PERSPECTIVE
 IMPORTANT PROVISIONS OF POSH ACT, 2013
 LEADING CASES
 CONCLUSION AND SUGGESSTION

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 SEXUAL HARRASSMENT AT WORKPLACE

INTRODUCTION

“YOU CAN TELL THE CONDITION OF NATION, BY LOOKING AT THE

STATUS OF ITS WOMEN.”

-Pandit Jawahar Lal Nehru

Sexual Harassment at workplace is an extension of viciousness in ordinary life and is

intolerant and biased as it disturbs women’s right to life and livelihood. As the
industrialisation, globalisation takes place in development of numerous field in India and also
throughout the globe, the role of women is shifting promptly they are presenting evolvement
in all of the fields for instance economics, politics, education, art, media, space and culture,
science and technology, service sectors (like trade, hotel and restaurants, transport) etc. As
the role of women has moved from domestic work to commercial world, the crimes against
women are upsurges day by day.

Sexual Harassment at workplace is an act or a pattern of conduct that compromises physical,

emotional or financial safety and security of a women employee. Section 354(A) was
auxiliary to IPC, 1860 through Criminal Law (Amendment) Act, 2013 which incorporates the
acts which establishes the offence of sexual harassment. They are:

 Physical contact and advantages involving unwelcomes and explicit sexual overtures;
or
 a demand or request for sexual favours; or
 showing pornography against the will of a women; or
 making sexually coloured remarks

Formerly, there were no related provisions in the Indian Penal Code that could be evoked.
Section 2941, 3542, 5093 were cited in IPC, 1860 which compacts with such offences against

1
Section 294 IPC, Obscene acts and songs
2
Section 354 IPC, Assault or Criminal Force to woman with intent to insult the outrage of her modesty
3
Section 509 IPC, Word, Gesture or Act intended to insult the modesty of a woman

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women. Until that time, section 294 of IPC, 1860 is pertinent to both men and women, the
latter two are precisely in favour of only women. Sexual harassment is a violation of
fundamental rights of a woman to equality 4 as per the law of land, and also against the article
155 and her right to live with self-esteem preserved in Article 216 of the Indian Constitution.
It is being bellicose to human dignity, rights, and gender equality, has arisen as the
fundamental crisis at the global level like virus in the society, irrespective of religion, culture,
race, caste, class and geographical boundaries.

BACKGROUND AND ORIGIN

For providing the protection to women against the sexual harassment at workplace, a
legislative bill was introduced by Ms. Kamla Sinha, a parliamentarian. The object and reason
was discussed by ms. Sinha that almost in every field of economic activity women from a
large part of the workplace. At the workplace women are compelled to work in the worst
service conditions. They are harassed by their male colleagues, employer and others. Though
offences like physical assault and molestation have been made punishable under the Penal
Code of India, yet working or employed women feel insecure since all aspects are not
covered by that code. Consequently, there is urgent need of an hour to deal with the situation
more stringently. The bill accordingly, takes care of the offences related to sexual harassment
at workplace. Before initiation of this Legislative Bill, the PIL was filed by Vishaka and other
women groups against the state of Rajasthan and union of India before the SC of India on
behalf of Gang-Raped victim Bhanwari Devi. The Three judges Bench of the Supreme Court
pronounced the major verdict in 1997 commonly referred as Vishaka Judgment to be
followed by all foundations while transacting with preventive and redress of sexual
harassment. Many rules and recommendations was led down in the verdict of the Vishaka
case. After the number of commitments and concerns were put forth by many of
organizations one among them was the national Commission for Women which submitted the
drafts of Code of Conduct for the Workplace in 2000, 2003, 2004, 2006 and 2010.

Krishna Tirath, the Women and Child Development Minister in UPA-led Government,
moved a bill in 2007 which titled as the Protection of Women against Sexual Harassment at

4
Indian Consti.; Article 14, Equality before law.
5
Indian Consti.; Article 15, Prohibition of Discrimination on Grounds of Religion, Race, Sex, Caste, or Place of
Birth.
6
Indian Consti.; Article 21, Protection of life and personal liberty.

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Workplace.7 This bill was approved in January 2010 by the union Cabinet and was laid
before the Lok Sabha in December, 2010. Accordingly, the bill was referred to the
parliamentary standing Committee which published its report in November 2011. And it was
in May 2012, the Cabinet made amendments in the bill. The amendment bill was Passed by
the lok sabha in September 2012, and the raj sabha assented its final decision on the bill in
February 2013, and to give bill a final shape it was signed by the president in April, 2013,
This bill was came into force on 9th December, 2013 as the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act. 8 It preserves the essence of Vishaka
guidelines and expands its provisions.

LANDMARK CASE: THE TURNING POINT

Judge J.S Verma as a representative of Justice Sujata Manihar and Justice B.N Kripal
pronounced the judgement of famed case of Vishaka And Others Vs. State Of
Rajasthan And Others 9 on account of the writ petition filed by Vishaka foundation on
behalf of the Bhanwari Devi, the social activist in the village of Rajasthan and victim of
gang-rape.
The facts of the case were as follows:-
The victim worked under a social development program at rural level which was working
for prohibiting child marriage during a village and this social program was initiated by
Rajasthan state government. She strived to prevent the marriage of the Ramkaran
Gujjar’s Daughter, who was merely one year old i.e. she was an infant only. Bhanwari
devi attempted to terminate the wedding ceremony of the infant girl as she was the
neighbour of her. After making every possible efforts, she failed in preventing the
wedding of infant girl. And she was not excused or pardoned for this fault. She got social
punishment and boycott by the villagers. On 22 nd September 1992, she had been gang
raped by Ramkaran Gujjar and his five friends ahead of her husband. The male medical
practitioner at normal primary health care center refuses to examine her and therefore,
the doctor at Jaipur only made confirmation of her age with no recommendation of her
being raped in her report. At police headquarters too, she was been continually taunted
by the ladies constable for the entire of the midnight. In past, midnight she was been

7
Bhat,Rouf Ahmad, Deshpandey, Dr.Anita, An overview of sexual harassment of women at workplace in India:
An Analytical Study(July, 2017); Retrieved on:- 23rd July, 2021.
8
Ministry of Women and Child Development, “HANDBOOK ON SEXUAL HARASSMENT OF WOMEN AT
WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013”, P.3. 25 July, 2021.
9
AIR (1997) 6 SCC 241 SC 3011

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asked by the policeman to go away her lehanga because the evidence of that incident and
return to her village. Then , she was only left with the blood stained dhoti of her husband
to wrap her body as a results of which that they had to spend there whole night therein
police headquarters. The session court made the discharge of the accused people for not
being guilty of gang rape. The Apex court in his judgement propounded that it had been
a caseof gang-rape which was conducted out of revengeful situation. Naina Kapur, a
lawyer who had appeared Bhanwari Devi's criminal trial, spoke to the issue of sexual
harassment of women at work place by initiating a PIL (Public Interest Litigation) in the
Supreme Court.  After the judgement of SC, Vishaka moved a PIL against the verdict of
Bhanwari devi case before the apex count of India.
The court detected that the elemental rights under Article 14[2], 19[3](1)(g) and 21[4]of
Constitution of India that, every profession, trade or occupation should provide safe
working environment to the workers . It troubled the proper to life and therefore
the right to measure a dignified life. The indispensable prerequisite was that there should
be the stream of safe working atmosphere at place of work. The three-judges bench
commanded by Chief Justice Of India comprises of justice Sujata V. Manohar and
Justice B N Kripal held that women have fundamental right en route for the
liberty of harassment at workplace on August 13 th, 1997. The verdict pronounced
Bhanwari Devi's gang rape case as an illustration of "the hazards to which a working woman
may be exposed," "the depravity to which sexual harassment can degenerate," and the urgent
need "for safeguards by an alternative mechanism in the absence of legislative measures." 10 It
also put forward innumerable imperative recommendations for the workers to follow
them and avoid harassment of women at workplace.
VISHAKA GUIDELINES: NEW PERSPECTIVE
The guidelines and norms shaped as part of the Vishakha judgment depicted from the
definition of human rights under Section 2(d) of the Protection of Human Rights Act, 1993. It
particularized the duty of the employer or other responsible persons in work places and other
institutions to thwart or deter the commission of acts of sexual harassment and to provide the
procedures for the resolution, settlement or prosecution of acts of sexual harassment by
taking all steps required.

10
Maity Dr. Barnali, Vishaka Guidelines: Protecting Women’s Dignity At Workplace; Retrieved on:- july 23,
2021, Retrieved from:https://rjhssonline.com/HTMLPaper.aspx?Journal=Research%20Journal%20of
%20Humanities%20and%20Social%20Sciences;PID=2016-7-4-2

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PREVENTIVE STEPS
The preventive steps prescribed incorporated the following:
(a) Express prohibition of sexual harassment as defined above at the work place should
be notified, published and circulated in appropriate ways.
(b) The Rules/Regulations of Government and Public Sector bodies relating to conduct
and discipline should embrace rules/regulations prohibiting sexual harassment and
provide for appropriate penalties in such rules against the offender.
(c) As regards private employers steps should be taken to comprise the aforesaid
prohibitions in the standing orders under the Industrial Employment (Standing
Orders) Act, 1946.
(d) Suitable work circumstances should be on condition that in respect of work, leisure,
health and hygiene to further safeguard that there is no hostile environment towards
women at work places and no employee woman should have reasonable grounds to
believe that she is disadvantaged in connection with her employment.

COMPLAINT MECHANISM:
Whether or not such conduct establishes an offence under law or a breach of the service rules,
an appropriate complaint mechanism should be generated in the employer's organization for
redress of the complaint made by the victim. Such complaint mechanism should ensure
interval bound treatment of grievances.

PROVISIONS OF POSH ACT, 2013

India’s first statute specifically addressing the concern about of workplace sexual harassment;
the Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal) Act,
2013 (“POSH ACT”) was enacted by the Department of Women and Child Development,
India in 2013. The Government also uninterruptedly cognizant the procedures under the
POSH Act titled the Sexual Harassment of Women at workplace (Prevention, Prohibition and
Redressal) Rules, 2013 (“POSH RULES”).
The POSH Act has been legislated with the objective of thwarting and defending women
against workplace sexual annoyance and to safeguard effective redressal of grievances of
sexual harassment. While the figure aims at on condition that each women (irrespective of
her age or employment status) a safe, protected and honourable working environment, free all
forms of annoyance, proper enactment of the provisions of the statue remains a challenge.

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The main aspects of the Act is that it envisages the setting up of Internal Complaints
Committee at every office of the organisation or institution, having more than 10 employees,
to hear and redress complaints pertaining to sexual harassment. 11 Where the number of
employees are less than 10, the Act provide for setting up of Local Committee in every
district by the District Officer.12 On receiving the complaint the committee, before initiating
an inquiry, may take steps to settle the matter between her and the respondent through
conciliation and when a settlement is arrived no further inquiry is conducted. If the
conciliation fails or any term of the settlement arrived at has not been complied with by the
respondent, the committee shall proceed further with the inquiry.13  The committee has to
complete the inquiry within a period of 90 days stated In Section 11 Of the POSH ACT,
2013. The committee can give certain interim reliefs to the aggrieved woman during the
pendency of the inquiry. Section 13 of the POSH act, 2013 incorporated that the committee
within 10 days after ending of the inquiry shall deliver the report of its findings to the
employer/District Officer and the apprehensive parties. When the contention against the
respondent has been proved the committee shall endorse the employer/District Officer to take
action for sexual harassment as delinquency in accordance with provisions of service rules or
where no such rules have been made, as prescribed in Rule 9 of the Rules and to pay such
sum to the aggrieved woman as it consider appropriate, in accordance with the provisions of
section 15, from the salary of the respondent. The employer/District Officer shall act upon the
recommendations within 60 days. 

IMPORANT CASES

 In Shanta kumar v. Council of Scientific and Industrial Research & ors. 14, the Delhi
High Court held that there must be physical contact having an undertone of sexual
nature to constitute ‘sexual harassment’ under the POSH Act. It opined that an
altercation in the context of unwelcoming environment prevailing at the workplace is
not a case of sexual harassment.
 In Shital Prasad Sharma v. State of Rajasthan and Ors. 15 Case, the Court clarified that
a Committee can initiate an investigation on the basis of a complaint

11
Section 4, Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013
12
Section 5, 6, and 7, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013
13
Section 10, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,, 2013
14
Delhi High Court (2018) 156 FLR 719
15
(2018) SCC Online Raj 1676

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 forwarded/received by other sources of authority as long as the Complainant agrees to
take the matter forward with them. 
 In Ruchika Singh Chhabra v. Air France India and Anr. 16case, the Court provided
further clarity on the qualification of the External Member of a Committee and the
qualifications of the internal members from the organization. It stated that an external
member is not qualified by a degree of belonging to a profession or an organization
working in a related field but must possess expertise in the field of workplace sexual
harassment.17
 The Bombay High Court pointed out that the definition of ‘workplace’ is inclusive
and deliberately kept wide by the Parliament to ensure that any area where women
may be subjected to sexual harassment is not left unattended or unprovoked for. An
IC which does not have at least two members (who are either dedicated to the cause of
women or have experience in social work or have legal knowledge), would be illegal
and contrary to the provisions of the POSH Act. In that judgement, the court also re-
emphasized that it is employer’s responsibility to constitute proper IC.18

CONCLUSION & SUGGESTIONS

The effective operation of POSH Act not only necessitates generating an atmosphere where
women can speak up about their grievances without distress and get justice but sensitization
of men towards treatment of women at workplace is equally obligatory. Following the
procedures, the law creation, law construing and law enforcing bodies are persistently doing
their efforts towards eradicating this social evil. They further need to do is:
 Make some easily reachable bodies in which women from local areas do not hesitate
to bring the problem to the front so that a solution could be easily found.
 The executive body has to work very diligently and in unbiased way in this field
because normally such type of exploitation takes place inside the four corners of the
workplace.
 The judicial system has to work for proper implementation of the law and be so strict
that the perpetrator should not escape through using some loopholes.

16
(2018) SCC Online Del 9340
17
http://www.nishithdesai.com/information/news-storage/news-details/article/indias-law-on-workplace-
sexual-harassment-recent-judicial-interpretations.html
18
Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University, Bombay High Court (2014 SCC OnLine
Bom 814)

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  The Act should be implemented for all without any discrimination, irrespective of any
caste and power.
Patriarchal attitude and values are prevalent challenges in the execution of this guideline or
law regarding fluctuating women position in our society. Till the basic human dignity of
women is not acknowledged and cherished by men, no law will be effective. Law alone is not
enough to obliterate this social evil. Civilization has to amend its attitude so that women can
materialize and partake in public life without feeling threatened. There is the requisite to be
inculcated to make a sense of mutual respect between men and women. There is a divinity in
each of us. The recognition of this divinity will spontaneously bring forth mutual sense of
worth and that alone will be source of liberation and dignity of women. Whatever may be, it
is imperative to keep this in mind that the need to institute a gender-friendly society demands
a humanistic and persistent effort, as the saying goes on, ‘Women’s rights are also the human
rights to work with dignity.’
 
“Dignity does not consist in possessing honours but in deserving
them”

– Aristotle

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 BIBLIOGRAPHY
BOOKS

1. IPC, 1860, Bare Act by Universal

2. Indian Constitution, 1950, Bare Act by Universal
3. Mishra, S.N., Indian Penal Code
4. Sexual Harassment of Woman at Workplace (Prevention, Prohibition and Redressal)
Act, 2013

LINKS AND ARTICLES.

 Ministry of Women and Child Development, “HANDBOOK ON SEXUAL

HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION
AND REDRESSAL) ACT, 2013”, P.3. 25 July, 2021.

 Maity Dr. Barnali, Vishaka Guidelines: Protecting Women’s Dignity At Workplace;

Retrieved on:- july 23, 2021, Retrieved
from:https://rjhssonline.com/HTMLPaper.aspx?Journal=Research%20Journal%20of
%20Humanities%20and%20Social%20Sciences;PID=2016-7-4-2

 Bhat,Rouf Ahmad, Deshpandey, Dr.Anita, An overview of sexual harassment of

women at workplace in India: An Analytical Study(July, 2017); Retrieved on:- 23 rd
July, 2021.

 http://www.nishithdesai.com/information/news-storage/news-details/article/indias-
law-on-workplace-sexual-harassment-recent-judicial-interpretations.html

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