Understanding Sexual Harassment and Its Impact
Sexual harassment refers to any unwelcome act or behavior of a sexual nature that violates a woman’s dignity or sense of safety. It can include verbal remarks, unwanted physical contact, digital harassment, or abuse of authority for sexual favors.
Beyond emotional and psychological trauma, sexual harassment creates barriers to equality, workplace participation, and personal growth.
Legal Framework: The POSH Act, 2013
What Is the POSH Act?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, is India’s primary legislation aimed at ensuring safe workplaces for women. It was enacted following the famous Vishaka v. State of Rajasthan (1997) Supreme Court judgment.
Key Objectives of the POSH Act
Prevent sexual harassment of women at the workplace.
Provide a safe and secure working environment.
Ensure redressal and justice for victims through Internal Complaints Committees (ICC).
Definition of Sexual Harassment under the POSH Act
The law defines sexual harassment to include:
Physical contact or advances.
Demand or request for sexual favors.
Sexually colored remarks.
Showing pornography.
Any unwelcome verbal, non-verbal, or physical conduct of a sexual nature.
Rights of Women Under Indian Law
1. Right to Safety and Dignity
Every woman has the constitutional right to live with dignity and free from sexual exploitation under Articles 14, 15, and 21 of the Indian Constitution.
2. Right to Complaint and Redressal
Women have the right to report incidents of sexual harassment to their organization’s Internal Complaints Committee (ICC) or the Local Complaints Committee (LCC) in case no ICC exists.
3. Right to Confidentiality
The identity of the complainant, respondent, and witnesses must remain confidential throughout the investigation process.
4. Right to Protection from Retaliation
No woman can be punished, dismissed, or harassed further for filing a complaint. The law strictly prohibits retaliation or victimization.
5. Right to Workplace Equality
Employers are obligated to maintain a work environment that ensures gender equality and safeguards women against discrimination or abuse.
Filing a Sexual Harassment Complaint
Internal Complaints Committee (ICC)
Every organization with more than 10 employees must form an ICC to handle complaints. It should include:
A Presiding Officer (senior woman employee).
Two members from within the organization.
One external member familiar with women’s rights issues.
Steps to File a Complaint
Submit a written complaint within 3 months of the incident.
ICC conducts inquiry within 90 days of receiving the complaint.
Action and recommendations are submitted to the employer for disciplinary measures.
Appeal rights exist if the victim is dissatisfied with the findings.
Other Important Legal Provisions
Indian Penal Code (IPC), Section 354A: Defines sexual harassment as a criminal offense punishable with imprisonment.
Section 509 IPC: Punishes words or gestures intended to insult a woman’s modesty.
Protection of Women from Domestic Violence Act, 2005: Safeguards against domestic sexual abuse.
IT Act, 2000: Addresses online sexual harassment, obscene messages, and cyberstalking.
How Advocate Junction Helps
At Advocate Junction, we connect women with qualified Legal Rights and Judgments experts who specialize in sexual harassment cases and workplace rights. Our verified lawyers provide:
Confidential legal consultations.
Assistance with filing complaints under POSH Act and IPC.
Representation before committees or courts.
Guidance for organizations to comply with POSH regulations.
Your safety and dignity matter — and the law is on your side.
Conclusion
Sexual harassment is not just a personal grievance but a legal violation of a woman’s fundamental rights. Understanding the laws, knowing your rights, and seeking timely legal help can ensure justice and deterrence. Advocate Junction stands committed to empowering women through accessible legal support and awareness. Advocate Junction Helpline – +91 – 9532960704