Vishakha and her friends are very chatty. They crack a lot of jokes at the lunch table. Yesterday they were talking about good looking men in the office. Revathy doesn’t like this kind of language but she keeps quiet. They are not saying explicitly to her, just joking.
Is this sexual harassment?
In the year 2013, the Indian legislature adopted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act. This Act is commonly known as the POSH Act. The Act had a monumental effect on the Indian legal landscape. It became the first legislation that was drafted to deal with the workplace sexual harassment of women. The act made the employer responsible for creating a safe working environment. This meant that the management was responsible for preventing, prohibiting, and offering due redressing towards any incident of sexual harassment.
Who is the PoSH Act for?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the PoSH Act, was created to protect the dignity, safety, and equality of women in workplaces across India. It was crafted to provide comprehensive protection to any woman—regardless of age, employment status, or designation—who experiences sexual harassment in connection with her work.
This protection is not limited to full-time employees. It also extends to interns, volunteers, contractual staff, daily-wage workers, consultants, and domestic workers. A woman is protected under the Act even if the harassment occurs outside the physical premises of the workplace but in connection with work, for example, during off-site meetings, training sessions, business trips, client dinners, or even over virtual communication platforms.
The law also applies when harassment is perpetrated by anyone connected to her work, including an employer, supervisor, colleague, client, or even a third-party vendor or contractor. This ensures that protection is not dependent on employment hierarchy or direct reporting structures.
At its heart, the PoSH Act recognises sexual harassment as a violation of fundamental rights, particularly a woman’s right to equality under Articles 14 and 15, and her right to live with dignity under Article 21 of the Constitution of India. By linking workplace harassment to constitutional rights, the law establishes that dignity at work is not a privilege—it’s a legal and moral entitlement.
In essence, the Act ensures that every woman, irrespective of her role or employment type, can pursue her trade, profession, or business without fear, coercion, or discrimination.
How is sexual harassment defined legally?
The PoSH Act offers a clear and inclusive legal definition of sexual harassment. It states:
“Sexual harassment includes unwelcome sexually tinted behaviour, whether directly or by implication, such as —
(i) physical contact and advances,
(ii) a demand or request for sexual favours,
(iii) making sexually coloured remarks,
(iv) showing pornography, or
(v) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.”
This definition is intentionally broad to encompass both overt and subtle forms of misconduct. The phrase “unwelcome behaviour” is central; it shifts the focus from the intention of the perpetrator to the impact on the woman. What matters is whether the act was uninvited, unwanted, or uncomfortable for the woman, regardless of how casual or “harmless” it may seem to others.
Sexual harassment can occur through spoken words, gestures, emails, social media interactions, text messages, or even prolonged staring or body language that creates a hostile or intimidating environment. The law recognises that power dynamics, social conditioning, and fear of retaliation often silence women—and thus places responsibility on employers to ensure safe, transparent, and supportive redressal mechanisms.
Quid-pro-quo Sexual Harassment
A specific and serious form of harassment defined under the PoSH Act is quid pro quo harassment, literally meaning “this for that.” It refers to situations where a person in a position of authority, such as a manager, supervisor, or senior colleague, pressurises or coerces a woman into providing sexual favours in exchange for workplace benefits.
These benefits might include promotions, pay raises, favourable assignments, or even continued employment. Conversely, if a woman refuses such advances and faces retaliation, demotion, or professional isolation, that too qualifies as sexual harassment under the Act.
Quid pro quo harassment highlights how power imbalances in professional spaces can be misused, and underscores why organisations must cultivate ethical leadership, robust reporting systems, and strong accountability frameworks.
The PoSH Act applies comprehensively to both organised and unorganised sectors, including government, private enterprises, NGOs, educational institutions, hospitals, and households employing domestic workers. By covering every form of workspace, from offices to virtual platforms, it ensures that the right to a safe working environment is universal, non-negotiable, and legally enforceable
We help you enforce it. Reach out to us at hello@serein.inc