When at work, you get to meet a variety of people. Some are shy, others are outspoken and extroverts. There are people who can make you uncomfortable by minimal effort, such as weird gestures, constant stares, scanning from head to toe, etc. The most common type of harassment in the workplace is sexual harassment, and punishable under the laws. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, 2013 lays the way forward when a woman experiences sexual harassment at workplace. Here, we aim at explaining what is sexual harassment under POSH Act. It is crucial to understand what constitutes harassment at the workplace and can land you in trouble as per the POSH Act. It may be noted that every act does not become sexual, and harassment against everyone is not punishable under POSH Act. Have a look at the types of harassment which may be punishable under the laws protecting women.
What is Sexual Harassment under POSH Act?
Everyone should know how to behave at workplace. While the POSH Act only punishes for sexual harassment against women, it is crucial to understand the acts which constitute such type of harassment under POSH Act.
Sexual Harassment definition under POSH Act
The most common type of harassment in the workplace may be physical touch, as most people may understand, but that is not all. Someone’s stare could be so intense that the woman may feel uncomfortable. However, to punish someone as per the provisions of the POSH Act, the act or behaviour complained of should fall within sexual harassment definition in POSH Act. Section 2(n) of the Act defines sexual harassment while stating in detail the various types of harassment:
“Section 2 (n) “sexual harassment” includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely:—
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature;”
What can be deduced from the sexual harassment definition under POSH Act is that any unwelcome act or behavior may be punishable under the Act if it falls under the category stated above. The aggrieved woman may be touched or there may be oral demand for sexual favours; there could be sexually colored remarks, or the woman may be shown pornography against her will or consent. Basically, any touch, words or gesture may constitute sexual harassment in POSH.
Sexual Harassment at Workplace
The Sexual Harassment definition under POSH Act Section 2(n) specifies the acts which may be complained of and punished under the Act. Section 3 of the same lays the additional circumstances connected with some act which may constitute sexual harassment.
“Section 3. Prevention of sexual harassment.—
(1) No woman shall be subjected to sexual harassment at any workplace.
(2) The following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment:—
(i) implied or explicit promise of preferential treatment in her employment; or
(ii) implied or explicit threat of detrimental treatment in her employment ; or
(iii) implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or
(v) humiliating treatment likely to affect her health or safety.”
The aforementioned provision clarifies that if someone promises special treatment, threatens with negative consequences, interferes or humiliates a woman at workplace, it may amount to sexual harassment.
Find out what is sexual harassment in POCSO Act
Types of Sexual Harassment at Workplace
| Touch | Power | Threat | Force |
| Violating Space | Using position to request for dates, sexual advances | Selection based on conditions | Molestation |
| Patting, Pinching, etc. | Impeding, blocking movements, etc. | Loss of job | Physical Assault |
| Grabbing, Kissing, etc. | Repeated unwelcome propositions or sexual flirtations | Reduced promotion opportunities | Rape |
Examples of what kind of harassment is illegal under POSH Act
| Visual | Verbal | Written |
|---|---|---|
| To keep looking at a person; Repeatedly staring up and down | Direct/subtle pressure or repeated unwelcome requests for dates or sexual activities | Unwelcome suggestive/sexually explicit/ obscene letters/notes/emails/invitations |
| To make sexually oriented gestures | Frequent queries about personal life | Obscene poems/messages/texts |
| To show derogatory objects/images/drawings | Vulgar comments about a person’s body/sexual activities | Sending unwanted cards/gifts |
| To share obscene media in the form of magazines/flyers/posters/drawings | Obscene/Sexual jokes/comments, whistling | To make derogatory posts online or on social media |
What is Sexual Harassment in POSH Act – Frequently Asked Questions
Q. What are forms of verbal harassment?
A – Sexual harassment in verbal form reflects the words said or written. Verbal harassment under POSH may hint at vulgar or obscene comments, whistling, unwelcome requests for dates or sexual activities, etc. It may also include such emails, texts, social media posts, etc.
Q. What is quid pro quo harassment?
A – Quid Pro Quo literally means a favour or advantage granted in return for something. Quid Pro Quo harassment stands for seeking sexual favours in exchange for some benefits at the workplace, such as promotion or increments, etc.
Q. What is the time limit for PoSH?
A – A complaint for sexual harassment under the POSH Act can be lodged within 3 months of the incident. In case of continuous acts of sexual harassment, the timeline starts with the last incident.
Q. What is ICC in PoSH?
A – The ICC in POSH Act stands for Internal Complaints Committee. Every employer is required to constitute an Internal Complaints Committee having specific members in compliance with Section 4 of the Act. A complaint of sexual harassment under POSH Act is entertained, investigated and redressed by the said Internal Complaints Committee.
Q. What is not sexual harassment?
A – Work related stress, following up on work absentees, requirement of performance as per job standards, reprimanding someone for work/deadlines, does not amount to sexual harassment. Also, touching/brushing against/pushing someone without sexual connotation is not sexual harassment under POSH Act.
