Nalin Arora 1

PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE
CHAPTER-1
INTRODUCTION
WHAT AMOUNTS TO SEXUAL HARASSMENT AT WORKPLACE?
Sexual harassment in the workplace is a violation of women's human rights
and a prohibited form of violence against women. Sexual harassment is an
unwelcome verbal, visual or physical conduct of a sexual nature that is severe
or pervasive and affects working conditions or creates a hostile work
environment. Sexual harassment causes incalculable economic, psychological
and physical harm to its victims and serves to reinforce the subordination of
women to men in the workplace. Sexual harassment of women in the
workplace is a widespread problem exacerbating difficult economic
conditions and damaging their ability to achieve equality with men.
Definition of Sexual Harassment
Generally sexual harassment is a sexually oriented conduct that may
endanger the victims job, negatively affect the victims job performance or
undermine the victims personal dignity. It may manifest itself physically or
psychologically. Its milder and subtle forms may imply verbal innuendo,
inappropriate affectionate gestures or propositions for dates and sexual
favours. However it may also assume blatant and ugly forms like leering,
physical grabbing and sexual assault or sexual molestation.
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Sexual harassment laws and policies adopted at the international and national
level are not meant to inhibit normal socializing at work or relationships
based on mutual consent. Rather, these laws are aimed at egregious conduct
which serves as an obstacle to the equal participation of women in the
workplace. Therefore, it is essential to determine as to what amounts to
sexual harassment at workplace however it is difficult to define. It
encompasses a variety of behaviors which are perceived differently by
different people. Laws prohibiting sexual harassment in the workplace tend to
define the term sexual harassment to include part or all of the following
ingredients:
or unwanted verbal, non-verbal, physical or visual conduct based on sex or
of a sexual nature
The acceptance or rejection of which affects an individual's

employment
Which occurs with the purpose or effect of violating the dignity of a

person
Which unreasonably interferes with an individual's work performance
Which creates an intimidating, hostile, degrading, humiliating or

offensive work environment, or
Which constitutes an abuse of authority
The following acts are examples of behavior which may, under certain
circumstances, be considered sexual harassment:
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Verbal Examples:
Referring to an adult as a girl, hunk, doll, babe, or honey
Whistling at someone, cat calls
Making sexual comments about a person's body
Making sexual comments or innuendos
Turning work discussions to sexual topics
Telling sexual jokes or stories
Asking about sexual fantasies, preferences, or history
Asking personal questions about social or sexual life
Making kissing sounds, howling, and smacking lips
Making sexual comments about a person's clothing, anatomy, or looks
Repeatedly asking out a person who is not interested
Telling lies or spreading rumors about a person's personal sex life
Non Verbal Examples
Looking a person up and down (Elevator eyes)
Staring at someone
Blocking a person's path
Following the person
Giving personal gifts
Displaying sexually suggestive visuals
Making sexual gestures with hands or through body movements
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Making facial expressions such as winking, throwing kisses, or licking

lips
Physical Examples
Touching the person's clothing, hair, or body
Hugging, kissing, patting, or stroking
Touching or rubbing oneself sexually around another person
Standing close or brushing up against another person
Neck or shoulder massage
Actual or attempt to rape
These examples are not exhaustive.

In the landmark case of Vishakha vs State of Rajasthan (Complete Judgment
can be found @ http://indiankanoon.org/doc/1031794/), Honble Supreme
Court defines sexual harassment at workplace as follows:
Sexual harassment includes such unwelcome sexually determined behaviour
(whether directly or by implication) as:
a) Physical contact and advances;
b) A demand or request for sexual favours;
c) Sexually coloured remarks;
d) Showing pornography;
e) Any other unwelcome physical, verbal or non-verbal conduct of
sexual nature
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Where any of these acts is committed in circumstances where-under the

victim of such conduct has a reasonable apprehension that in relation to the
victims employment or work whether she is drawing salary, or honorarium
or voluntary, whether in government, public or private enterprise such
conduct can be humiliating and may constitute a health and safety problem. It
amounts to harassment when when the woman has reasonable grounds to
believe that her objection would disadvantage her in connection with her
employment or work including recruiting or promotion or when it creates a
hostile work environment. Adverse consequences might be visited if the
victim does not consent to the conduct in question or raises any objection
thereto.
Section 2(n) of The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 (the POSH Act or the Act) lays down
that sexual harassment includes any one or more of the following
unwelcome acts or behaviour (whether directly or by implication) namely:physical contact and advances;
or a demand or request for sexual favours;
or making sexually coloured remarks;
or showing pornography; or any other unwelcome physical verbal or nonverbal conduct of sexual nature.
Section 3 of the POSH Act cites following instances which might be sexual
harassment.
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(i)
Implied or explicit promise of preferential treatment in her

employment; or
(ii)
Implied or explicit threat of detrimental treatment in her
(iii)
employment; or
Implied or explicit threat about her present or future employment
(iv)
status; or
Interferes 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
PREVALENCE OF SEXUAL HARASSMENT

It is difficult to quantify the experience of sexual harassment in the workplace
because
(1) there is no universal definition of what constitutes sexual harassment, (2)
men and women have varying perceptions of what sexual harassment means
and
(3) many victims of sexual harassment are reluctant to report their
experiences. Low reporting rates are a result of fear of retaliation from
employers, concern for the harasser, shame, belief in the futility of the
complaint mechanism and/or fear of being blamed for the harassment.
Despite difficulties in documenting the experience of sexual harassment, the
results of quantitative and qualitative studies of sexual harassment conducted
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around the world demonstrate that sexual harassment in the workplace is a

serious and pervasive human rights violation.
How widespread is the phenomena of sexual harassment? A majority of
people feel that sexual harassment occurs on a daily basis. According to one
survey conducted on college students and faculty members of one university,
the majority of women i.e. 61.7% reported that they had experienced some
form of sexual harassment in or coming to college whereas a minority felt
that it was rare. According to men as to whether they had witnessed it. About
half of them said that they had witnessed such incidents. Trying to identify
the locations where sexual harassment was most likely to take place, a large
majority of female students spoke of secluded areas, college grounds or
alleys. Among faculty members, respondents reported that sexual harassment
takes place most frequently in canteen areas, college grounds, parking places
and secluded places.
An opinion poll on prevalence of sexual harassment at workplace was
conducted by Oxfam India and Social and Rural Research Institute for which
women were interviewed in Delhi, Mumbai, Bangalore, Chennai, Kolkata,
Ahmadabad, Lucknow and Durgapur both in the organised and the
unorganised sectors. As per the results, seventeen per cent of working women
in India claimed that they have experienced sexual harassment at workplace.
According to the survey, most women claimed to have faced incidents that
were non-physical. Sixty-six of the 400 respondents reported to have faced a
cumulative of 121 incidents of sexual harassment, 102 of 121 incidents
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reported to be non-physical, whereas the remaining 19 incidents were

physical in nature.
EFFECTS OF SEXUAL HARASSMENT AT WORKPLACE
The Effects of Sexual Harassment on the Victim
The effects of sexual harassment vary from person to person, and are
contingent on the severity, and duration, of the harassment. However, sexual
harassment is a type of sexual assault, and victims of severe or chronic sexual
harassment can suffer the same psychological effects as rape victims.
Aggravating factors can exist, such as their becoming the target of retaliation,
backlash, or victim blaming after their complaining, or filing a formal
grievance. Moreover, people who have experienced sexual harassment
occupy a place in our society that is similar to where rape victims were
placed in the past, and they can be abused further by the system that is
supposed to help and protect them. Indeed, the treatment of the complainant
during an investigation or litigation can be brutal, and add further damage to
their life, health, and psyche.
Depending on the situation, a sexual harassment victim can experience
anything from mild annoyance to extreme psychological damage, while the
impact on a victim's career and life may be minimal, or leave them in ruins.
Some of the effects a sexual harassment victim can experience:
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Decreased work or school performance as the victim must focus on

dealing with the harassment and the surrounding dynamics and/or
effects; psychological effects of harassment can also decrease work and
school performance
Increased absenteeism to avoid harassment, or because of illness from

the stress
Having to take more time off work, drop courses, or change academic
plans; academic transcripts may be weakened because of decreased
school performance
Retaliation from the harasser, or colleagues/friends of the harasser,

should the victim complain or file a grievance (retaliation can involve
revenge along with more sexual harassment, and often involves
stalking the complainant)
Having one's personal life offered up for public scrutiny --the victim
becomes the "accused," and their dress, lifestyle, and private life will
often come under attack. (Note: this rarely occurs for the perpetrator.)
Being objectified and humiliated by scrutiny and gossip
Becoming publicly sexualized
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Defamation of character and reputation
Loss of trust in environments similar to where the harassment occurred
Loss of trust in the types of people that occupy similar positions as the
harasser or their colleagues
Extreme stress upon relationships with significant others, sometimes

resulting in divorce; extreme stress on peer relationships, or
relationships with colleagues
Being ostracized from professional or academic circles
Having to relocate to another city, another job, or another school
Loss of job and income; loss of tuition because of having to leave

school
Loss of references/recommendations
Loss of career
Weakening of support network: colleagues, friends, and even family

may distance themselves from the victim or abandon them altogether.
The following are some of the health effects, both psychological and
physiological, that can occur to someone who has been sexually harassed:
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Depression
Anxiety and/or panic attacks
Traumatic stress; post-traumatic stress disorder (PTSD)
Sleeplessness and/or nightmares
Shame and guilt; self-blame
Difficulty concentrating
Headaches
Fatigue or loss of motivation
Difficulties with time (forgetting appointments, trouble gaging time)
Stomach problems; gastrointestinal disorders
Eating disorders (weight loss or gain)
Feeling betrayed and/or violated
Feeling angry or violent towards the perpetrator
Feeling powerless, helpless, or out of control
Increased blood pressure
Loss of confidence and self esteem
Overall loss of trust in people; problems with intimacy
Problems with sex (sexual dysfunction)
Withdrawal and isolation
Suicidal thoughts or attempts; suicide
The Effects of Sexual Harassment on the Workplace
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Sexual harassment has been linked to decreased job satisfaction, and can lead
to a loss of staff and expertise because of resignations to avoid harassment, or
because of resignations or firings of alleged harassers. Every year, hundreds
of millions of dollars are lost in productivity because of effects such as
employee absenteeism to avoid harassment, and increased team conflict in
environments where harassment is occurring. The increased team conflict
also leads to problems with team cohesion and less success in meeting
financial goals. The knowledge that harassment is permitted can undermine
ethical standards, and discipline in the organization. If the problem is ignored,
a companys image can suffer amongst clients, employees, potential
customers, and
the general public. Health care costs can increase because of the health
consequences of harassment, not to mention the legal costs if a victim files a
lawsuit after complaints are ignored or mishandled.
10 CASE STUDIES AND EXAMPLES OF SEXUAL HARASSMENT
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(1) Age 35, Occupation : JOURNALIST, DELHI

Experience: About a year ago, when I was working in a newspaper, I had to
frequently interact with the editor-in-chief directly. I always thought that he
considered me as a sincere worker. Gradually, the tenor of his interactions
with me started changing. If I had a problem with any
male colleague, he would attribute it to my ignoring his interest in me. He
would also comment on my looks and attire.
I was in denial. As a journalist who had often reported on and taken a stand
against sexual harassment of women, it was difficult for me to believe that I
was really being harassed. He didnt want a meeting in the office and insisted
on meeting over lunch or coffee.
By then, I was uncomfortable and excused myself. Since then, he kept
reminding me about the meeting outside work and also wanted to come to my
place. He inquired if there were people at my house and if he could call me
over to his place.
I was reluctant to meet him. He started finding excuses to hold my hand and
put his arms around me against my will. I wasnt sure whom I could talk to
about this and what would be the reaction of others at work. After a few days
of this, I resigned.
(2) Age - 27, Occupation : PR PROFESSIONAL, DELHI
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Experience: About eight months ago, I went to an annual office party in

Mumbai where a senior colleague struck up a conversation with me. He was
40-years-old and married. After the party, I was told that he would drop me to
the hotel in his car as there was a shortage of cars. I refused as I hardly knew
him and he was drunk. But I was told he was a senior person and he wont be
driving.
On the way, he started hugging me and put my head on his shoulder. I refused
and moved away. He again came close and tried to kiss me and slide his hand
under my shirt and even tried to go down on me.
I screamed and managed to get out of the car and reached the hotel. I told my
colleagues about the incident. We did not have a sexual harassment cell at the
work place.
After I reached Delhi, I hoped for some action. Initially, the company showed
regret and told me that one should be more careful. After two weeks of
follow- up, he was called to the Delhi office.
He denied the incident and said that I was making it all up. The company
asked me what they should do now. I confronted him, but he still denied the
incident. A few days passed and nothing was done about the incident.
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After about four months, the person was thrown out of the job but because of
poor performance. I asked the company why he was not removed when he
had sexually harassed me. They had no answer and I left the job.
(3) Age - 27, Occupation: HR PROFESSIONAL, DELHI

Experience: This happened four years ago when I was working in an NGO.
Due to my work profile, I had to interact with the head of the organisation
more frequently than some of the others. I shared a comfortable relationship
with him. On one of my birthdays, we were on a work tour in Trichy.
After the workshop we had to participate in got over, he came to my room
with a cake and champagne. We spoke for a while. Then he approached me
and tried to hug me. I pushed him away.
He then made a more forceful attempt to hug me. I again pushed him away,
asking him what had got into him. He sat for a while and then left. After we
returned to Delhi, I tried to put it behind me.
However, the situation worsened when I started dating a colleague. He would
follow us to see where we were going. Things became very uncomfortable
and I left the organisation.
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I wanted to lodge some sort of complaint, but he was so senior. Also, often it
is the girls reputation that is tarnished in such cases.
Age: 24, Occupation : JOURNALIST, DELHI

After completing our post graduation in journalism, me and my classmate
applied for internship with a leading English daily in Kolkata. One day, the
papers associate editor called me. He said he had seen our Facebook profiles
and would like to have us on board.
On first day of our internship, this person asked me why I appeared sleepy
and if I was not happy to work with the organisation.
On other occasions, he would comment on my appearance. His remarks
included, You have such beautiful eyes, why dont you put some kajal (kohl)
in them. Why dont you dress up properly and make efforts to look better?
Why do you tie up your hair? You should leave it open. On the last day of
the internship, he came up to me and said that he was disappointed. And it
was not about work.
I was expecting that your appearance, behaviour and personality would have
been different from that of others. But you turned out to be an introvert, he
said. I left the publication disheartened.
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Later, I discovered that this was his usual behaviour with almost every intern.
I even heard that he preferred to have female interns and that he didnt act in
this manner with the employees."
Age: 26, Occupation : IT PROFESSIONAL, DELHI
It happened when I was an intern in an IT firm in Delhi. It was post midnight. The team I was part of, had to attend a video conference with an USbased client. Once it got over, my team head offered to drop me home. I
agreed as I had no reason to be wary about his advances.
In the car, he tried to brush his hand against my legs on the pretext of
changing gears.
He asked me if I was staying alone in the city and whether I had a boyfriend
or not. When we reached my home, he asked me for a good night kiss. I was
shocked. He grabbed me and kissed me. The moment I could free myself, I
asked him to open the car door which he did. I ran
towards my house.
On resuming office, I asked him why he had forcibly kissed me and said I
could report the incident to the HR.
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His response was, You never said no. Go ahead, report it. I will tell them
you were an equal party to it and thats why agreed to go with me. He also
said whatever happens between two adults outside the office premises is
something that they have to handle themselves. I left my fight there and never
went back to complete my internship.
AGE: 25, PR PROFESSIONAL, BANGALORE
Seema alleged a manager sexually harassed her when working for a club over
a period of several years. The allegations included touching, leering and that
comments of a sexual nature were made about her body. She stated she had
complained to management several times and that the complaints were
ignored. She also alleged that as a woman she had been denied promotions
offered to less experienced males at the club. As a result, she resigned.
The manager and the employer denied the allegations, stating her attitude at
work had deteriorated during her employment. The matter was resolved by
conciliation with the employer and the manager paying some hefty amount to
the complainant. The respondents also provided
written apologies for any offence the complainant may have experienced.
AGE: 30, Occupation: GOVERNMENT OFFICIAL, DELHI
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Arvind alleged sexual harassment against a male supervisor and his

employer, a government authority. It was also alleged that in the course of
attempting to resolve the complaint the complainant experienced difficulties
accessing the grievance mechanisms within the organisation.
At a conciliation conference, the allegations were discussed and
misunderstandings were identified resulting in the complainant withdrawing
his complaint against his supervisor.
The complainant was able to detail his experience to the respondents and an
agreement was reached which included the employer reviewing the grievance
and investigation procedures to include quick reference summaries and flow
charts to assist access and implementation of the mechanisms. It was also
agreed by the employer to increase training and awareness of appropriate
work place behaviour including detailed anti-discrimination and sexual
harassment grievance mechanisms. There was no financial settlement sought.
Age: 32, Occupation: LECTURER, PUNE
A woman lodged a complaint with the Commission alleging sexual
harassment by her boss who was also her academic mentor. The woman
alleged that the sexual harassment occurred over a period of two years. The
alleged harasser was in a position of authority over her in that she was his
student and he was her boss. She claimed towards the end of the sexual
harassment he 'stalked' her by following her and waiting outside her house.
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The respondents denied the allegations stating that the relationship was
mutual and that there was no sexual harassment. In conciliation the matter
settled for the payment of unknown amount for pain and suffering and the
individual respondent provided a written apology.
Age: 24, Occupation: IT PROFESSIONAL, CHENNAI
A Supervisor made several unsolicited, sexually suggestive advances towards
Julie in the workplace. Despite Julie repeatedly asking him to stop, the
advances continued. Julie reported the matter to her Manage. In recent
months, her manager had heard of similar complaints from other female staff
about the said supervisor, but this was the first formal complaint. Unsure of
what action to take the manager sent the supervisor a copy of the
organisations Sexual.
Harassment Policy and asked him in an email to read the policy document
and not to act in a manner that could contravene the policy, but took no other
action..
Examples of Behavior Not Amounting to Sexual Harassment
Consensual dating, joking and touching. Only unwelcome conduct can

be sexual harassment, For example, you may decide it is okay if you
date your boss and he or she touches you at work. If the relationship
should end, you may no longer feel it is okay for this behavior to
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continue. If you ask the person to stop, and they continue to do so, then
you are being sexually harassed.
Casual Comments like You look nice today. The boss says to his
assistant, You look nice today. That's a great outfit. There, he has not
acted unreasonably by complimenting his assistant. So long the boss
does not go extreme and makes the employee uncomfortable by his
complements, it should be OK. But, an occasional compliment would
be permitted, and maybe even welcomed by his assistant, said Barer.
If the boss makes even a single,innocuous compliment, and the
employee asks him to stop, he should do as requested.
Open criticism. For example, if a male supervisor yells at a female

subordinate in front of other people in the office for poor performance,
and the female employee gets embarrassed, that may not harassment.
Crude language. Swearing in the workplace is not harassment
Asked to work latein exchange for dinner. Suppose a male

supervisor asked a female employee to work late, and he told her that
he would buy her dinner for her trouble. That will not amount to Sexual
harassment, so lone he has not requested sexual favors and
conditioned the terms of her employment or employment opportunities
on sexual favors. He simply offered to feed her as a thank you for her
hard work.
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When deciding whether behavior amounts to sexual harassment or not, one

must take into account all the surrounding circumstances. Mere discourtesy,
rudeness or lack of sensitivity need not amount to harassment. Behaviour has
to be sufficiently severe or pervasive so as to alter the conditions of
employment and create an abusive working environment. Generally one has
to see a pattern of offensive conduct however a single severe incident of
harassment can be violation of law, particularly when harassment is physical
or quid pro quo.
CHAPTER-3
POSH ACT BACKGROUND OF THE ACT

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The Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act (the POSH Act), 2013 is a legislative act in India that seeks to
protect women from sexual harassment at their place of work. It was passed
by the Lok Sabha (the lower house of the Indian Parliament) on 3 September
2012. It was passed by the Rajya Sabha (the upper house of the Indian
Parliament) on 26 February 2013. The Bill got the assent of the President on
23 April 2013.
The legislative progress of the Act has been a lengthy one. The Bill was first
introduced by women and child development minister Krishna Tirath in 2007
and approved by the Union Cabinet in January 2010. It was tabled in the Lok
Sabha in December 2010 and referred to the Parliamentary Standing
Committee on Human Resources Development. The committee's report was
published on 30 November 2011. In May 2012, the Union Cabinet approved
an amendment to include domestic workers. The amended Bill was finally
passed by the Lok Sabha on 3 September 2012. The Bill was passed by the
Rajya Sabha (the upper house of the Indian Parliament) on 26 February
2013. It has come into force and has been published in the Gazette of India,
Extraordinary, Part-II, Section-1, dated the 23rd April 2013 as Act No. 14 of
2013.
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However, the rules required to implement and monitor of the law are to be
made to put the legislation to operation. The predecessor of this legislation
was the landmark judgment of the Supreme Court (SC) in the
case Vishaka vs State of Rajasthan, a rape case involving a social worker in
Rajasthan in 1997. The judgment outlined a set of guidelines - Guidelines on
Sexual Harassment at the Workplace - for prevention and redress of
complaints on sexual harassment of women at workplace. The
verdict defined the concept of sexual harassment, laid down duties of
employers to deal with it and stipulated formation of committees to dispose
of complaints on sexual harassment at workplace, for the first time in India
According to the Press Information Bureau of the Government of India:
The Act will ensure that women are protected against sexual harassment at all
the work places, be it in public or private. This will contribute to realization
of their right to gender equality, life and liberty and equality in working
conditions everywhere. The sense of security at the workplace will improve
women's participation in work, resulting in their economic empowerment and
inclusive growth.
The Act uses a definition of sexual harassment which was laid down by the
Supreme Court of India in Vishaka v. State of Rajasthan (1997). Article 19
(1) g of the Indian Constitution affirms the right of all citizens to be
employed in any profession of their choosing or to practice their
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own trade or business. Vishaka v. State of Rajasthan established that actions

resulting in violation of one's rights to Gender Equality and Life and
Liberty are in fact a violation of the victims fundamental right under Article
19 (1) (g). The case ruling establishes that sexual
harassment violates a woman's rights in the workplace and is thus not just a
matter of personal injury.
SALIENT FEATURES OF THE ACT

The POSH Act will ensure that women are protected against sexual
harassment at all the work places, be it in public or private. This will
contribute to realisation of their right to gender equality, life and liberty and
equality in working conditions everywhere. The sense of security at
the workplace will improve women's participation in work, resulting in their
economic empowerment and inclusive growth.
Salient features of the POSH Act are as follows:
The Act proposes a definition of sexual harassment, which is as laid

down by the Hon'ble Supreme Court in Vishaka v. State of Rajasthan
(1997). Additionally it recognises the promise or threat to a woman's
employment prospects or creation of hostile work environment as
'sexual harassment' at workplace and expressly seeks to prohibit such
acts.
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The Act provides protection not only to women who are employed but
also to any woman who enters the workplace as a client, customer,
apprentice, and daily wageworker or in ad-hoc capacity. Further, the
Act seeks to cover workplaces in the unorganised sectors.
The Act provides for an effective complaints and redressal mechanism.

Under the Act, every employer is required to constitute an Internal
Complaints Committee. Since a large number of the establishments
(41.2 million out of 41.83 million as per Economic Census, 2005) in
our country have less than 10 workers for whom it may not be feasible
to set up an Internal Complaints Committee (ICC), the Act provides for
setting up of Local Complaints Committee (LCC) to be constituted by
the designated District Officer at the district or sub-district levels,
depending upon the need. This twin mechanism would ensure that
women in any workplace, irrespective of its size or nature, have access
to a redressal mechanism. The LCCs will enquire into the complaints of
sexual harassment and recommend action to the employer or District
Officer.
Employers who fail to comply with the provisions of the Act will be
punishable with a fine which may extend to Rs. 50,000/.
Since there is a possibility that during the pendency of the enquiry the
woman may be subject to threat and aggression, she has been given the
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option to seek interim relief in the form of transfer either of her own or
the respondent or seek leave from work.
The Complaint Committees are required to complete the enquiry within

90 days and a period of 60 days has been given to the employer/District
Officer for implementation of the recommendations of the Committee.
The Act provides for safeguards in case of false or malicious complaint

of sexual harassment. However, mere inability to substantiate the
complaint or provide adequate proof would not make the complainant
liable for punishment.
IMPLEMENTATION OF THE ACT

The rules on the subject namely the Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Rules, 2013 (the POSH
Rules) have been notified in the Gazette of Government of India on
December 9, 2013 for smooth implementation of the POSH Act.
Implementation of the POSH Act will be the responsibility of
Central Government in case of its own undertakings/establishments
State Governments in respect of every workplace established, owned,

controlled or wholly or substantially financed by it as well as of private
sector establishments falling within their territory.
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Besides,
the
State
and
Central
Governments
will
oversee
implementation as the Act casts a duty on the Employers to include a

Report on the number of cases filed and disposed of in their Annual
Report. Organizations, which do not prepare Annual Reports, would
forward this information to the District Officer.
Through this implementation mechanism, every employer has the primary
duty to implement the provisions of law within his/her establishment while
the State and Central Governments have been made responsible for
overseeing and ensuring overall implementation of the law. The Governments
will also be responsible for maintaining data on the implementation of the
Law. In this manner, the Act will create an elaborate system of reporting and
checks and balances, which will result in effective implementation of the
Law.
LEGAL OBLIGATIONS OF THE EMPLOYER UNDER POSH ACT

The Act mandates the employers to provide a safe work environment devoid
of sexual harassment to their women employees. Employers have to take
preventive and remedial measures to make the work environment safe for
women, failing which they will be punished.
Employer is liable for not taking reasonable precautionary measures to
prevent sexual harassment.
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The employers are mandated to formulate a policy which prohibits sexual

harassment as part of institutions service regulations as a precautionary
measure to provide a healthy workplace environment. A well-written and
effective no-harassment policy is necessary in every institution without which
the perpetrators cannot be easily punished. The employers should institute
their policies and review the implementation of practices to ensure that they
are effective. The no- harassment policy should contain clear information as
to what constitutes an act of sexual
harassment. The policy should have a clause that defines sexual harassment
to be a form of employment misconduct punishable under the service rules.
The policy in addition to prohibiting sexual harassment should explain
penalties, outline grievance procedures, indicate additional resources like
facility for conciliation, list of contact persons for consultation etc. It should
also include a policy section which shows how it ensures impartiality in
investigation.
The Officer responsible for implementing the law is the head of the
institution with regard to a department, organization, undertaking,
establishment, enterprise, institution, office, branch or unit unless any other
officer is assigned the responsibility by any specific order. In all other kinds
of workplace any person responsible for the management, supervision and
control of the workplace is the responsible officer.
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As well the officers under the central and state governments have been
assigned certain responsibilities to make the law work.
All offices, hospitals, institutions and other workplaces with 10 or more

employees should mandatorily set up an Internal Complaints Committee
(ICC) to handle complaints related to sexual harassment in the respective
office. The employer should nominate the committee members and constitute
the committee. The committee should include a woman from the senior
position in the institution as presiding officer, another senior woman as a
member, two other employees as members and a non-governmental member.
At least half of the members should be women having commitment to the
cause of sexual harassment. The committee may not perform well unless its
members are persons with right social and legal perspective. The members
can hold office for a period not exceeding three years.
Employers Duties under Section 19 of POSH
Provide a safe working environment at the workplace including safety

from the persons coming into contact at the workplace.
Display at any conspicuous place in the workplace, the penal

consequences of sexual harassments.
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Sensitise the employees with the provisions of the Act by organizing

workshops and awareness programmes and orientation programmes for
the members of the internal committee.
Facilitate the internal Committee or the Local Commiittee, for dealing

with the compliant and conducting enquiry
Provide assistance in securing attendance of respondent and witness

before the committee
Make available such information to the Internal Committee as may be

required with regard to the complaint
Provide assistance to the aggrieved woman.
Cause to initiate action against the perpetrator where the perpetrator is

not an employee, in the workplace at which the incident took place
Monitor timely submission of reports by the Internal Committee.
Additional Duties of an Employer under Section 22 of POSH Act
The employer of any organization is under a statutory obligation to

prepare an annual report and include in that report, the total number of
cases/complaints of sexual harassment filed with him and how they
have been disposed of under the scheme of the Act.
In case no such annual report was required to be prepared, the employer

shall intimate the number of cases/complaints, to the District Officer.
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CRITICISM:
Act has often been criticized on following grounds:
1) If women found guilty of making a false complaint or giving false
evidence, she could be prosecuted, which has raised concerns about women
being even more afraid of reporting offences. Women activist feel that such
provision will deter a woman to come forward and complain.
2) Concerns are often raised about the role of the employer in sexual
harassment cases. There is no stipulated liability for employers in cases of
employee-to-employee harassment. They also viewed the provision that
employers are obligated to address grievances in a timely manner at the
workplace as problematic because of potentially uncooperative employees.
3) Furthermore, the law requires a third-party non-governmental organisation
to be involved, which could make employers less comfortable in reporting
grievances, due to confidentiality concerns.
4) May get misused by disgruntled women employees.
Ultimately success of law depends upon its implementation. Passing of
act/rules is a major step however whether it would help or not would depend
upon its effective implementation and confidence that it generates in the
women.
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CHAPTER-3
INTERNAL COMPLAINTS COMMITTEE (ICC)
CONSTITUTION OF ICC
The redressal mechanism provided in the Act is in the form of Internal
Complaints Committee (ICC) and Local Complaints Committee (LCC).
All workplaces employing ten (10) or more than ten (10) workers are
mandated under the Act to constitute an ICC by an order of the
employer in writing.
The ICC will be a four (4) member committee under the

Chairpersonship of a senior woman employee and will include two (2)
members from amongst the employees preferably committed to the
cause of women or has experience in social work/legal knowledge and
includes a third party member (NGO etc) as well.
The members of the ICC shall hold office for a period of three years
from the date of their nomination/appointment.
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Removal of any member or Presiding Officer

A Presiding Officer or any member of the ICC/LCC is removed in the
following circumstances:
If he/she contravenes the provisions of section 16 of the POSH Act
If he/she has been convicted for an offence or an inquiry into an

offence under any law for the time being in force is pending against
her/him; or
If he/she has been found guilty in any disciplinary proceedings or a

disciplinary proceeding is pending against her/him or
If he/she has so abused his/her position as to render his continuance in

office prejudicial to the public interest.
Procedure of filing a compliant

An aggrieved woman can make complaint of sexual harassment in writing to
the ICC, if constituted or to the LCC, in case ICC is not constituted, within a
period of three months from the date of incident in case of a series of
incidents, within a period of three months from the date of last incident.
Where such complaint cannot be made in writing, the Presiding Officer or
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any member of the ICC or the Chairperson or any member of the LCC should
provide all reasonable assistance to the aggrieved woman for making the
complaint in writing.
As per Rule 6 of the POSH Rules, where the aggrieved woman is unable to
make a complaint, any one of the following may file the complaint on her
behalf:
On account of her physical incapacity:
Her relative or friend; or
Her co-worker; or
An officer of the National Commission for Women or State Womens

Commission; or
Any person who has knowledge of the incident, with the written
consent of the aggrieved woman;
On account of her mental incapacity:
Her relative or friend; or
A special educator; or
A qualified psychiatrist or psychologist; or
The guardian or authority under whose care she is receiving treatment

or care; or
Any person who has knowledge of the incident jointly with her relative
or friend or a special educator or qualified psychiatrist or psychologist,
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or guardian or authority under whose care she is receiving treatment or

care;
Where the aggrieved woman for any other reason is unable to make a
complaint, a complaint may be filed by any person who has knowledge of the
incident, with her written consent;
Where the aggrieved woman is dead, a complaint may be filed by any
person who has knowledge of the incident, with her written consent of her
legal heir.
Time Limit
A complaint of sexual harassment can be filed within a time limit of three (3)
months. This may be extended to another three (3) months if the woman can
prove that grave circumstances prevented her from doing the same.
ENQUIRY UNDER ICC
The Committee is required to complete the inquiry as per service rules
applicable to the respondent and in their absence as per may be prescribed

within a time period of 90 days.
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On completion of the inquiry, the report will be sent to the employer or
the District Officer, as the case may be, they are mandated to take action on
the report within 60 days.
The Committee may in case where prima facie case is made out may
recommend to the employer or the District Officer, as the case may be, to
take any action including a written apology, warning, reprimand or censure,
withholding of promotion, withholding of pay rise or increments, terminating
the respondent from service or undergoing a
counseling session or carrying out community service.
In case the complaint has not been proved, then the Committee can
recommend action in accordance with the provision of service rules

applicable to the respondent or as per the rules which will be prescribed,
where such service rules do not exist. The committee can also recommend
deduction of an appropriate sum from the salary of the respondent or ask
respondent to pay the sum. In case the respondent fails to pay such sum,
district officer may be asked to recover such sum as an arrear of land
revenue.
In case the allegation against the respondent has not been proved then
the Committee can write to the employer/district officer that no action needs
to be taken in the matter.
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In case of malicious or false complaint then the Act provides for a
penalty according to the Service Rules. However, this clause has a safeguard
in the form of an enquiry prior toestablishing the malicious intent. Also, mere
inability to prove the case will not attract penalty under this provision.
The Act also has provisions for providing reliefs to the aggrieved
woman in the interim period including leave and transfer during the pendency
of the inquiry.
The Act prohibits disclosure of the identity and addresses of the
aggrieved woman, respondent and witnesses. However, information

regarding the justice secured to any victim of sexual harassment under this
Act without disclosing the identity can be disseminated.
MANNER OF INQUIRY INTO COMPLAINT
Rule 7 of the POSH Rules provides the manner of inquiry into complaint:
The Complainant needs to submit to the Complaints Committee six (6)

copies of the complaint alongwith supporting documents and the names and
addresses of the witnesses.
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On receipt of the complaint, the Complaints Committee shall send one of

the copies received from the aggrieved woman to the respondent within a
period of seven working days.
The respondent needs to file his reply to the complaint within a period of
10 working days from the date of receipt thereof.
The Complaints Committee shall make the inquiry in to the compliant in
accordance with the principles of natural justice.
The Complaints Committee shall have the right to terminate the inquiry
proceedings or to give an ex-parte decision on the complaint, if the
complainant or respondent fails without sufficient cause to present herself or
himself for three consecutive hearings convened by the Chairperson or
presiding Officer, as the case may be by providing a fifteen days advance
notice in writing to the concerned party.
The parties shall not be allowed to bring I any legal practitioner to
represent them in their case at any stage of the proceedings before the
Complaints Committee.
In conducting the inquiry, a minimum of three members of the
Complaints Committee including the presiding Officer or the Chairperson, as
the case may be, shall be present.
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Powers of ICC/LCC
For the purpose of making an inquiry under the POSH Act, the ICC or LCC,
as the case may be, shall have the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908 when trying a suit of the following
matters, namely:
Summoning and enforcing the attendance of any person and examining

him on oath
Requiring the discovery and production of documents
Any other matter which may be prescribed
Action during pendency of inquiry

During the pendency of an inquiry, the ICC or LCC as the case may be, on a
request by the complainant in writing, may recommend the following:
Transfer the aggrieved woman or the respondent to any other

workplace
Grant leave to the aggrieved woman up to a period of three months

(other than what she is entitled to under the service rules otherwise)
Grant such other relief to the aggrieved woman as may be prescribed
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Other relief to complainant during pendency of inquiry

The Complaints Committee at the written request of the aggrieved woman
may recommend to the employer to:
Restrain the respondent from reporting on the work performance of the

aggrieved woman or writing her confidential report, and assign the
same to another officer.
Restrain the respondent in case of an educational institution from

supervising any academic activity of the aggrieved woman.
SENSITIZATION OF WORKERS
The Act casts a responsibility on every employer to create an environment
which is free from sexual harassment. Employers are required to organize
workshops and awareness programmes at regular intervals for sensitizing the
employees about the provision of this legislation and display notices
regarding the constitution of Internal Committee, penal consequences of
sexual harassment etc.
An employer must know the following:
I] First and foremost, acknowledge that it is your legal responsibility to
provide safe working environment for women free from sexual harassment
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and discrimination and that you can be held liable for sexual harassment by
employees.
II] Know that sexual harassment can have a devastating effect upon the
health, confidence, morale and performance of those affected by it. The
anxiety and stress produced by sexual harassment commonly leads to those
subjected to it taking time off work due to sickness, being less efficient at
work, or leaving their job to seek work elsewhere.
III] Understand the reasons why women remain silent about sexual
harassment. An absence of complaints about sexual harassment does not
necessarily mean an absence of sexual harassment. It may mean that the
recipients of sexual harassment think that there is no point in complaining
because:
- Nothing will be done about it;
- It will be trivialized;
- The complainant will be subjected to ridicule, or
- They fear reprisals.
IV] Recognize the tangible and intangible expenses and losses organizations
experience:
- Costly investigation and litigation
- Negative exposure and publicity
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- Embarrassing depositions
- Increased absenteeism
- Lowered employee morale
- Reduced productivity
- Decreased efficiency
- Higher employee turns over
- Erosion of organizations brand names, goodwill, and public image
- Negative impact on stock price
The best way to prevent sexual harassment is to adopt a comprehensive
sexual harassment policy. The aim is to ensure that sexual harassment does
not occur and, where it does occur, to ensure that adequate procedures are
readily available to deal with the problem and prevent its
recurrence.
What Steps Can Employees Take To Prevent Sexual Harassment?
Identify/Recognize Harassment
Ask yourself the following:
- Do I consent to the behavior?

- Does the behavior make me uncomfortable?
- Does the behavior violate my dignity as an individual?
- Does it violate my right to work in dignity in a safe working environment?
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Do not blame yourself. Don't ignore sexual harassment in the hope that
it will go away.
Most women themselves fail to recognize sexual harassment and treat it as
trivial and routine.
Such has been the internal coping mechanism. Ignoring offensive behavior or
denying its existence are the most common ways women deal with sexual
harassment.
Dealing with the Harasser upfront:
Do the unexpected: Name the behavior. Whatever he's just done, say it,
and be specific.
Hold the harasser accountable for his actions. Don't make excuses for
him; don't pretend it didn't really happen. Take charge of the encounter
and let people know what he did. Privacy protects harassers, but
visibility undermines them.
Make honest, direct statements. Speak the truth (no threats, no insults,
no obscenities, no appeasing verbal fluff and padding). Be serious,
straightforward, and blunt.
Demand that the harassment stop.
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Make it clear that all women have the right to be free from sexual
harassment. Objecting to harassment is a matter of principle.
Stick to your own agenda. Don't respond to the harasser's excuses or

diversionary tactics.
His behavior is the issue. Say what you have to say, and repeat it if he
persists.
Reinforce your statements with strong, self-respecting body language:

eye contact, head up, shoulders back, a strong, serious stance. Don't
smile. Timid, submissive body language will undermine your message.
Respond at the appropriate level. Use a combined verbal and physical

response to physical harassment.
End the interaction on your own terms, with a strong closing statement:
'You heard me.
Stop harassing women'.

Other steps employees can take:
Speaking out: Speaking about sexual harassment is an effective tool in

combating it. While speaking about it, the problem becomes visible, it
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is acknowledged that it exists, and this in turn leads one to take

effective measures against it. Speaking about sexual harassment also
gives an opportunity to clarify by this about it. It helps in changing
attitudes of people towards this issue. Speaking about it creates an
enabling environment for the victim to speak out. It mobilizes public
opinion against it. It makes it difficult for a potential harasser to
commit the crime. It equips people with information as to what is to be
done in such a case.
Speak up at the time: Be sure to say "NO" clearly, firmly and without
smiling as that is the best way to let the harasser know that his behavior
is offensive. Objecting to the behavior when it occurs, help if you
decide to file charges later.
Keep records: Keep track of what happens in a journal or diary and

keep any letters or notes or other documents you receive. Write down
the dates, times, places, and an account of what happened. Write down
the names of any witnesses. Write a letter. People have successfully
stopped sexual harassment by writing a letter detailing the behavior that
is offensive and asking the person who is harassing them to stop the
behavior. The letter should be polite, unemotional, and detailed. Such a
letter seems to be more powerful than a verbal request. The recipient of
the letter seldom writes back; the person usually just stops the behavior.
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Set your own boundaries: Say "NO" emphatically and clearly when you
are asked to go places, do things, and respond to questions, or engage
in situations that make you uncomfortable. Do not worry about
offending the other person or hurting his or her ego. Take care of
yourself first.
Be aware of situations and people who may harm you: Don't ignore
other's
warnings
about
particular
people
or
social
settings.
Acknowledge their concern for you and for themselves.
Trust your own instincts about possible danger: In an uncomfortable

situation, be direct and honest, and remove yourself from the situation
immediately. Regardless of your previous behavior or signals you may
have given earlier, you have the absolute right to halt any sexual
exchange at any time. Accept this right and act on it.
Tell someone: Being quiet or stoic about sexual harassment lets it

continue. Talk to other co-workers; you may not be the only one
harassed by this person. Do not blame yourself and do not delay.
Create a Witness to the behavior: Inform a trusted colleague and try to

insure that s/he is an eye or an ear witness to a situation where you are
being sexually harassed. This will be useful later if you chose to file a
formal complaint. Send a copy of sexual harassment policy / rules to
the harasser. If your workplace already has an anti sexual harassment
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policy or the conduct rules of your institution prohibit sexual

harassment, send a copy of the institution policy/conduct rules to the
harasser with the appropriate sections underlined.
Talk to a union: If you are a member of a labor union, talk to your

union representative.
Get a medical check-up: If you have been raped or physically assaulted,

go for a medical check-up. Obtain a medical report. This is important,
should you decide to pursue a legal case.
Report sexual harassment to the appropriate person in the organization:

Explore the different avenues available to you and file a formal
complaint if necessary. If your organization does not have a policy,
ensure that your employer formulates an anti-sexual harassment policy
and carries out all the connected tasks.
Documenting Harassment
Documenting the harassment is important for use as evidence in a case or
complaint. You should: Photograph or keep copies of any offensive material
at the workplace. Keep a journal with detailed information on instances of
sexual harassment. Note the dates, conversation, frequency of offensive
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encounters, etc. Obtain copies of your work records (including performance

evaluations) and keep these copies at home
Other documents that you should have: A company policy and procedure
manual is very important to have. The company's documented policies on
sexual harassment, discrimination, performance appraisals, termination,
affirmative action plans can be very important to show their
stated policies versus their actions. Company newspapers, annual reports,
pictures of its top executives, posters, company credo, and company surveys
are important to show the environment and its hostility towards women.
Take all letters of commendation, awards, thanks you's and anything at all
that will corroborate your positive job performance. Pay special attention to
documents that your superiors have provided lauding you and your work. If
possible, ask your clients, staff, and peers for letters of
commendation.
Every document that you use during trial must be authenticated by a witness.
Keep this in mind during your depositions when the defense asks you where
you obtained a document. If you are not clear about where you got the
document, and who can authenticate it, you will not be able to use it during
your trial.
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What can you do as a colleague?
Do not disbelieve a woman when she shares about harassment.

Remember sexual harassment is 'unwelcome' behavior. Do not
trivialize the matter.
Remember that it is difficult to speak about sexual harassment. Hence

if a colleague is talking about it, she will require a lot of encouragement
and support.
Read the Vishaka judgment carefully and know your rights.
Spread the word - let your colleagues know about the issue, its
prevalence and the judgment.
Support a harassed colleague - remember it could be you tomorrow.
Encourage the recipient to approach the offending person directly or

use other informal resolution methods.
Offer to accompany the recipient to the offending person, the

Complaints Committee to file a formal complaint.
Take responsibility to see that sexual harassment is stopped and there is

no reprisal.
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Approach your employer and push for a redress mechanism / sexual

harassment policy, if you do not have one in place already.
If you do have a mechanism in place, ensure that it complies with the

Supreme Court guidelines.
Contact a non-government organization working on the issue to

organize an awareness/training programme at your workplace/ to help
create a policy for your workplace.
It is important that an employee/employer:
Be professional at all times.
Set a positive example.
Consider your attitudes.
Avoid making assumptions.
Think before making personal comments.
Don't go along with the crowd.
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Be supportive of people who wish to talk about being sexually harassed

and direct them to the appropriate persons / authorities. As an
employee: If your behavior offends an employee, stop that behavior.
Ask yourself:
Could your behavior offend or hurt people at your workplace?
Could your behavior be interpreted by another as sexual harassment?
Would you like your behavior to be discussed by others?
Would you like your friend, partner, child or sibling to be treated in the
same manner?
What steps can Trade Unions take to prevent sexual harassment:
There are a number of measures that unions can take to combat sexual
harassment. The goal is to make union members sensitive to the problem and
to create a climate to discourage sexual harassment and, if it occurs, a climate
where victims will feel comfortable turning to the union for assistance. Trade
Unions in unorganized sector can play a definite and vital role in helping set
up complaints mechanism and instituting systems/channels that could provide
forum for recipients of sexual harassment in unorganized sector to complain.
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If you are a member of a trade union:
If the sexual harassment victim comes to you for help, try to informally
resolve the complaint by talking to the harasser. If that is ineffective,
help the victim to file a complaint with the appropriate authority.
Educate the members about the issue.
Include training on handling sexual harassment grievances for office

bearers/seniors who are likely to get involved in complaint resolution
Determine the extent of the problem in the workplace. A survey of the

members may be useful.
Work with employers to conduct jointly conducted training programs.
When sexual harassment does occur, offer support.
Try to stop any harassment you observe, whether or not the victim has
complained. If this is unsuccessful, do not do or say anything that could
be interpreted as condoning the harasser's behavior.
Disclose information only to the extent necessary to protect the

confidentiality of all who are involved.
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Put management on notice about what is going on. Regardless of who

is harassing, management is responsible for providing a harassmentfree work environment.
Be sure that the employer has an anti-sexual harassment policy that is

prominently posted or otherwise effectively communicated to all
employees.
The issue of sexual harassment needs understanding, assessment,

sensitivity and commitment from all quarters but mostly from the
senior managerial authority as their commitment and action can achieve
the aim of prevention and effective resolution of sexual harassment at
workplace and a gender friendly, discrimination free workplace.
MANNER TO ORGANIZE WORKSHOPS ETC

Rule 13 of the POSH Rules provides for the manner of organizing workshops
for dissemination of information about POSH:
Formulate and widely disseminate an internal policy or charter or

resolution or declaration for prohibition, prevention and redressal of
sexual harassment at the workplace intended to promote gender
sensitive safe spaces and remove underlying factors that contribute
towards a hostile work environment against women;
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Carry out orientation programmes and seminars for the Members of the
Internal Committee;
Carry out employees awareness programmes and create forum for

dialogues which may involve Panchayati Raj Institutions, Gram Sabha,
womens groups, mothers committee, adolescent groups, urban local
bodies and any other body as may be considered necessary;
Conduct capacity building and skill building programmes for the

Members of the Internal Committee;
Declare the names and contact details of all the Members of the
Internal Committee;
Use modules developed by the State Governments to conduct

workshops and awareness programmes for sensitizing the employees
with the provisions of the Act.
SETTLEMENT OF CASES UNDER POSH: HOW CAN SEXUAL

HARASSMENT BE SETTLED AMICABLY?
The Act has a provision for conciliation. The ICC/LCC can take steps to
settle the matter between the aggrieved woman and the respondent; however
this option will be used only at the request of the woman. The Act also
provides that monetary settlement shall not be made a basis of conciliation.
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Further, if any of the conditions of the settlement is not complied with by the
respondent, the complainant can go back to the Committee who will proceed
to make an inquiry.
Conciliation under Section 10 of the POSH Act
The Internal Committee or the Local Committee before making an

inquiry in the following section, may, at the specific request of the
aggrieved woman take steps to make settlement between her and the
respondent through conciliation.
No monetary settlement be made for the purpose of conciliation.
If a settlement is arrived at, the internal or the local committee, as the

case may be, record such settlement and forward with recommendation
to the employer or the District Officer to take action as specified.
The Committee shall provide the copies of the settlement so arrived and
recorded to the aggrieved woman and the respondent.
No further inquiry is required if a settlement is arrived under this

section.
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CHAPTER-4
LOCAL COMPLAINTS COMMITTEE (LCC)
CONSTITUTION OF LCC
Complaints from workplaces employing less than ten (10) workers or when
the complaint is against the employer will be looked into by the LCC. A
District Officer notified under the Act will constitute the LCC at the district
level. LCC will also look into complaints from domestic workers.
LCC will be a five member committee comprising of a chairperson to be
nominated from amongst eminent women in the field of social work or
committed to the cause of women, one member from amongst women
working in block/taluka/tehsil/manicipality in the district, two members of
whom at least one shall be a woman to be nominated from NGOs committed
to the cause of women or a person familiar with the issues related to sexual
harassment provided that at least one of the nominees should preferably have
a background in law or legal knowledge. The concerned officer dealing with
the social welfare or women and child development shall be an ex officio
member.
ENQUIRY UNDER LCC
In case of domestic worker or workers of any organization with less than ten
(10) workers/employees, the procedure is different considering the nature of
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employment. They can approach the LCC in case of any complaint. If the
complainant wishes then conciliation may be carried out. However, in other
cases if the complaint is proved prima facie then the LCC can forward the
complaint to the police for registering the case and taking appropriate action
under the relevant provision of IPC.
Regarding monitoring, the Act provides that the State Governments will
monitor implementation and maintain data for all State Government
establishments as well as private establishments in their territory. For
establishments of the Central Government this duty is cast on the
Government of India. All ICCs have to submit Annual reports to the
employer who in turn will submit it to the district officer. All LCCs shall
submit their annual report to the district officer. The district officers will
submit the report annually to the State Governments. As per Rule 14 of the
POSH Rules, the annual reports shall have the following details:
Number of complaints of sexual harassment received in the year
Number of complaints disposed off during the year
Number of cases pending for more than ninety days
Number of workshops or awareness programme against sexual

harassment carried out
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Nature of action taken by the employer or District Officer
The Central and State Governments are mandated to develop relevant

information, education and communication (IEC) and training materials and
organize awareness programmes to advance the understanding of the public
on the provisions of the Act. The Central Government will provide financial
assistance to the States to meet the expenditure of fee and allowances payable
to the members of the Local Complaints Committee.
District Officers Duties under Section 20 of POSH Act
He shall monitor the timely submission of reports furnished by the

Local Committee.
He shall also take measures as may be necessary for engaging nongovernmental organizations for creation of awareness on sexual
harassment and the rights of the women.
MODEL
ORGANIZATIONAL POLICY ON PREVENTION
OF
SEXUAL HARASSMENT AT WORKPLACE

Adopting Sexual Harassment Policy:
What should be included in an anti-harassment policy? A basic policy should
set forth the following:
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An express commitment to eradicate and prevent sexual harassment

and express prohibition of sexual harassment;
A definition of sexual harassment including both quid pro quo and

hostile work environment giving examples;
An explanation of penalties (including termination) the employer will

impose for substantiated sexual harassment conduct;
A detailed outline of the grievance procedure employees should use;
A clear statement that anyone found guilty of harassment after

investigation will be subject to immediate and appropriate disciplinary
action
A clear understanding and strict rules regarding harassment of or by

third parties like clients, customers etc.
Additional resource or contact persons available for support and

consultation;
an express commitment to keep all sexual harassment complaints and

procedures confidential and time bound;
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Provisions for training of employees at all levels.
An anti retaliation policy providing protection against retaliation to

complainants, witnesses, Complaints Committee members and other
employees involved in prevention and complaints resolution.
Policies and procedures should be adopted after consultation or

negotiation with employee representatives. Experience suggests that
strategies to create and maintain a working environment in which the
dignity of employees is respected are most likely to be effective where
they are jointly agreed. .
Communicate Policy
Issue a strong policy from the top authority against sexual harassment taking
a "zero tolerance" approach Make sure it gets out to all your employees either
through the employee handbook or in memo form or with pay packets or with
appointment letter. Have the employees sign it to acknowledge that they
received and read the policy. The policy can also be posted in the workplace.
If you have employees whose primary language is not English, have your
sexual harassment policy translated or communicate to them in their primary
language. Discuss the policy with all new employees Ensure that third-party
such as suppliers and customers are aware of your sexual harassment policy
Review the policy with your employees on a regular basis
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Enforce Policy
Take complaints of sexual harassment seriously and investigate all sexual
harassment charges quickly and thoroughly and professionally maintain
accurate records of the investigation and the findings make sure employees
who bring charges do not face retaliation Ensure confidentiality and time
bound response to complaints. Take immediate action when sexual
harassment is discovered or suspected Discipline appropriately any employee
found to have engaged in sexual harassment Safeguard your employees from
third-party work-related sexual harassment
COMPLAINTS CHANNEL
Complaints Channels need to provide different routes that employees can
take to file complaints; i.e., contacting the responsible authority for sexual
harassment, a supervisor, calling a hotline, complaining through email, etc.
Organizations need to focus on the plight of the average individual. A policy
is useless unless people use it, and most research indicates that a small
fraction of employees ever say or do anything about harassing behavior.
Informal methods of resolving complaints must be part of the complaints
mechanism as
(1). The objective is to end the harassing behavior at the lowest possible
(which is the most cost effective, as well)
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(2.) many complaints can be resolved effectively and positively through

informal methods. Informal options act as a buffer or filter, save bad blood,
prevent the office environment getting uncomfortable for all, if employees
can be advised as to how to handle the situation before it gets out of hands.
Platforms to resolve complaints or to stop harassing behavior must be
provided before the complaints escalate into full-blown, formal complaints.
The Supreme Court guidelines impose an obligation on the employer to set
up a Complaints Committee to deal with the cases of harassment. Such a
committee should: *be headed by a woman *have half its members as women
*include a third-party representative from an NGO or any other agency
conversant with the issue of sexual harassment (to prevent undue pressure
from within the organization with respect to any complaint).
Complaints Committee
Employers need to set up a redressal mechanism/complaints committees as
per the POSH Act. First Contact Persons from within the Committee or
otherwise should be appointed who could try to resolve the complaint
informally first before the complaint goes to the formal channels of
complaints committee. The organization needs to put down clearly, certain
non-negotiables for the complaints committees for effective resolution of
complaints.
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Desired Qualities of the Members of Complaints Committee:

Selection of the Complaint Committee members is extremely important as in
most cases the committee members, if in sub-ordinate position of power at
workplace to that of accused, find it very difficult to diligently carry out the
responsibilities bestowed on them as heads or members of the Committee,
against the superiors. They must have the following qualities:
Subjectivity: A sexual act when unwelcome is sexual harassment; the

unwelcome is the womans subjective reality. The Complaints
Committees first job is to believe in this reality (unless something on
record completely negates her complaint).
Empathy: It is critical that the Complaints Committee empathizes with

the complainant and does not judge her by their moral standards. The
most important question to be answered in the affirmative that the
committee and all functionaries must ask themselves while providing
redress to a particular case is 'Do we believe her?'
The Complaints Committee must remember:
It needs extensive orientation for effective functioning.
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It cannot function like a criminal court.
The complainant, when she complains, has at stake her personal life
and career.
The impact sexual harassment has on a woman
It is difficult for a woman to talk about anything sexual. Hence there

can be long time interval between the harassment and the actual
complaint.
It needs to handle complaints in a confidential manner and within a

time-bound framework
It needs to submit an annual report on sexual harassment to the
appropriate government authority.
Complaints committees: Do's and Donts:

Do's
Formalize and publicize complaint procedures that are easy and nonthreatening.
Provide safety for friends and supporters of the complainant.
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Appoint complaints officers-one man and one woman- to serve as the

first point of contact.
Complaint officers should be members of the committee. One of them

should be the outside expert.
Authorize Complaint Officers to resolve the issue without the

committees intervention.
If
unresolved
to
the
complainants
satisfaction, the complaint should go to the committee.
Use a cheerful, comfortable, airy room for meeting the complainant.
Ensure that your body language communicates complete attention to

the complainant and the accused.
Treat the complainant with respect.
Discard pre-determined notions of how a victim or accused should look

or behave.
Beware of stereotypes.
All sexual crimes are committed in private, so that there may not be
any eyewitnesses. This is an important point that the committee would
do well to remember at all the times.
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Consult the complainant for punitive action.
If the management does not accept the recommended action, it should

give three valid reasons.
Help the complainant regain his/her self-respect.
Don'ts
Do not, under any circumstance, get aggressive.
Do not insist on a detailed description of harassment. This could

increase the complainants trauma.
Do not allow for interruptions when talking to the complainant and/or

accused.
Do not try and determine the impact of the harassment on the

complainant. Let the complainant determine it. Help the complainant, if
necessary.
Do not discuss the complaint among the presence of the complainant or

the accused.
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Remember, this is a human rights issue, therefore, (a) do not give too
much weightage to intention, focus on the impact, and (b) 'proof
beyond reasonable doubt' is not required, a strong probability is
sufficient.
Other things the Complaints Committee need to do
Encourage the woman to note details of each incident of harassment

and monitor any changes in work patterns or attitude on the part of the
alleged harasser so as to avoid as far as possible attempts at
victimization or accusations of poor work performance, etc.
Make discreet enquiries as to whether other workers have experienced

similar problems and if so, ask them details of any harassment, which
has occurred.
If the problem should involve transfer of one of the people involved, try
to ensure that the harasser-rather than the victim- is the person required
to move.
Always document the results of any sexual harassment complaint or

investigation. Not only document the results, but also document any
corrective action that you asked the employee or supervisor to take.
Follow up on any corrective action so you can document if the
employee fails to take advantage of your companies polices/procedures
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or any corrective action that your company takes to prevent the sexual
harassment from occurring again in the future.
Inform all employees that it is their obligation to report sexual

harassment that they either experience or witness.
TRAINING
Take your employees with you. Educate them about the issue and promote a
healthy discussion of the policy.
Sexual Harassment Awareness Training
The setting up of a complaints committee and an anti-sexual harassment
policy lays a strong foundation for a sexual harassment free workplace.
However, effective training programmes are essential to sensitize/train all
their staff members, men and women, to recognize sexual harassment, deal
with it when it occurs and prevent it. The training programme is the best way
to ensure proper understanding and implementation of your policy. It is the
best forum to communicate to employees what behavior is acceptable and
what is not, in a non-threatening atmosphere of mutual learning. Training for
the members of the Complaints Committee and others who are going to be
instrumental in implementing the policy, is very essential. Their training
should include a component of gender sensitization, along with the
procedures for taking complaints, and for enquiry, etc.
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Conduct yearly meetings with your supervisors to review the sexual

harassment policy, and to make sure that they understand that an employee
does not need to suffer negative consequences in order to make a complaint
of sexual harassment. Inform the supervisors that even mild to moderate
sexual jokes or statements can create an atmosphere of hostility that will
make some employees uncomfortable, and could lead to the creation of a
hostile work environment.
Sexual harassment training for all employees should address perceptions and
understanding of sexual harassment, impact of sexual harassment on
individuals and workplace, understanding the policy and complaints
mechanism. The training for Complaints Committee should address, in
addition to these, the procedures of investigation, skills necessary for
enquiries, documenting the procedures.
SENSING MECHANISMS:
Setting up a mechanism does not mean that there is sexual harassment in your
workplace. Prevention is always better than cure, and being pro-active always
helps. Along with performance, change in employees' behavior patterns also
deserves employer's close scrutiny.
Conducting Surveys - Conducting time-to-time surveys is helpful to identify
and prevent factors/situation leading to incidence of sexual harassment. The
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survey can be done anonymously and should be distributed with a copy of the
company's sexual harassment policy. The survey can simply ask the
employees (male and female) if they have experienced any form of sexual
harassment during the past year. The survey also helps to show that the
organization is actively engaged in preventing and correcting sexual
harassment.
COMMITMENT FROM TOP:

Commitment is shown through enforcement and action by the responsible
authorities. Even the most comprehensive sexual harassment policies and
procedures are bound to fail if a company does not enforce them quickly,
consistently, and aggressively. To be effective, organizations must take sexual
harassment seriously. They need to make certain that personnel responsible
for enforcement conduct prompt, thorough, and documented investigations of
all complaints, even those that appear trivial. Organizations should take
action that is reasonably calculated to end the harassment. Such action must
be directed toward the harasser, and may include verbal warnings, written
warnings, job transfers, suspension of employment, and, if necessary,
termination.124 Employers should also keep tabs on their supervisors. This
can be accomplished by means of monthly meetings with higher
management, unscheduled spot checks, or periodic sexual harassment
training sessions with the implementing authorities.
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PRACTICES CONSISTENT WITH POLICIES:

Organizations must place just as much emphasis on reporting responsibilities
and mechanisms as on the policy itself.
Setting a precedence - Even if the accused is a senior executive/ a partner/any
other person who is an asset to the company, and brings in a lot of business, it
is essential that he be punished if found guilty, as this sends out a strong
message that the company will not tolerate any harassment by anyone.
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CHAPTER -5
PENAL CODE
PENAL PROVISIONS UNDER THE POSH ACT
Section 26 of the POSH act provides that, an employer will be liable to a fine
of Rs 50,000/- (Rupees Fifty Thousand Only) in case of violation of his
duties under the Act and in case of subsequent violations the amount of fine
will be double together with penalty in the form of cancelation of his license,
withdrawal or non-withdrawal of the registration required for carrying out his
activity.
Malicious/False Complaints under section 14 of the POSH Act
Complaints/Witness etc alleging falsely be punished according to

services rules
Mere inability to substantiate a compliant will attract no liability
An enquiry to be conducted before establishing malicious intent.
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CONSEQUENCES FOR COMMITTING SEXUAL HARASSMENT AT

WORKPLACE UNDER THE INDIAN PENAL CODE
As a result of the growing importance of the issues relating to sexual
harassment and protection of female employees in India, a new section
(Section 354A) was added to the Indian Penal Code, 1860 through the
Criminal Law (Amendment) Act, 2013, which enlists the acts which
constitute the offence of sexual harassment and further envisages penalty
or/and punishment for such acts.
A man committing an offence under this section is punishable with
imprisonment, the term of which may range between 1- 3 years or with fine
or both. Since the amendment criminalizes all acts of sexual harassment,
employers shall be required to report any offences of sexual
harassment to the appropriate authorities.
SOME RECENT INSTANCES OF SEXUAL HARASSMENT POST
ENACTMENT OF POSH ACT
The New Law provides the much needed grievance redressal process
working women require at their workplaces. The Act has given itself a wide
scope, so as to include all women, including domestic help, as the household
is her workplace. Hence the New Law not only provides a redressal system
for women in work as in the traditional sense, but to all women who work at
some place. Women are becoming more and more aware of their rights.
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Glaring example of this fact are the two recent instances of sexual harassment
which involve some highly educated and
respectable people in the society.
Justice Ganguly Sexual Assault Case
The whole nation was in shock when a law intern was a student at National
University of Juridical Sciences (NUJS), Kolkata, leveraged charges of
sexual harassment against a retired Judge of the Apex Court in her blog.
Consequently, the Supreme Court appointed a three-judge panel (Justices
R.M. Lodha, H.L. Dattu and Ranjana Desai) to investigate the veracity of the
issue. The law intern informed the three-judge panel that it was former
Supreme Court Judge A.K. Ganguly who had allegedly sexually harassed her
in December 2012.
The law intern accused Justice Ganguly of sexual harassment. In a signed
statement she deposed that at a hotel room in Delhi last December, Justice
Ganguly told her he loved her and suggested that she share his room with
him. On the other hand Justice Ganguly denying all the charges, claimed that
it was "a cordial meeting followed by dinner." However, the three-judge
committee, has found a ring of truth in a law graduate's allegation that he had
subjected her to "unwelcome sexual behaviour" in December last year.
Justice Ganguly is likely to face stringent consequences for his misbehavior.
Though, he has refused to quit as the Chairman of the West Bengal Human
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Rights Commission, but the government is exploring a presidential reference

for his removal. Also, it is likely that NUJS, Kolkata would dissociate itself
from the retired Supreme Court judge who is an honorary professor at the
institution.
Tarun Tejpal Sexual Assault Case
Tarun J Tejpal is an Indian journalist, publisher, novelist, philanthropist and
former editor-in- chief of Tehelka magazine. In November 2013, a woman
colleague accused him of sexual assault in a hotel in Goa. Tejpal was arrested
by Goa Police and has been kept in jail ever since his arrest
on Nov 30. He has been booked under IPC sections including 354-A (sexual
harassment, physical contact, advances involving unwelcome and explicit
sexual overtures, or any of the unwelcome physical, verbal or non-verbal
conduct of sexual nature), 376 (rape) and 376 (2)(k) (rape by a person of a
woman in his custody taking advantage of his official position). He is
currently lodged in Sada sub-jail. A local court had on December 23 extended
the judicial custody of Tejpal for 12 days after his initial custody expired.
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CASES/CASE STUDIES OF SEXUAL HARASSMENT

Vishakha vs. State of Rajasthan pg no. 5
CASE STUDIES
Age 35, Occupation : JOURNALIST, DELHI
Age - 27, Occupation : PR PROFESSIONAL, DELHI
Age - 27, Occupation: HR PROFESSIONAL, DELHI
Age: 24, Occupation : JOURNALIST, DELHI
Age: 26, Occupation : IT PROFESSIONAL, DELHI
Age: 25, PR PROFESSIONAL, BANGALORE
Age: 32, Occupation: LECTURER, PUNE
Age: 24, Occupation: IT PROFESSIONAL, CHENNAI
Justice Ganguly Sexual Assault Case
Tarun Tejpal Sexual Assault Case
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CONCLUSION
This research has outlined the potential application of new and creative
bystander approaches to addressing sexual harassment in the workplace.
Specifically, it has integrated studies on sexual harassment with a range of
theoretical and empirical research on bystander approaches as they apply in
the context of workplace bullying, racial harassment, whistle blowing,
violence in intimate relationships, workplace justice frameworks and
employee voice.
The research has shown that bystander approaches can be potent tools in
preventing and addressing workplace sexual harassment.
However, the adoption, implementation and evaluation of bystander
approaches can only be effective for addressing workplace sexual harassment
provided they are oriented towards the specific contexts of sexual
harassment. They must also be crafted for use in the typical situations in
which sexual harassment takes place. And above all, they must be supported
by organizational change. Considering such complex issues poses significant
challenges. However, this paper has provided some preliminary suggestions
for how such strategies can be developed.
Whilst the paper has focused on the way bystander approaches may be
relevant to sexual harassment in the workplace, the conclusions are also
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relevant and applicable to the prevention of sexual harassment in other areas

of public life. For example, while relatively little research has addressed
sexual harassment in schools, it is also possible for bystander interventions to
be effective in these and related settings. Responding to sexual harassment
through bystander interventions may also be relevant in other areas covered
by Australian law, including in the provision of goods and services and
accommodation.
It has demonstrated the potential for bystander approaches to make a real
difference in preventing and addressing sexual harassment as a costly and
damaging workplace harm.
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BIBLIOGRAPHY
http://en.wikipedia.org/wiki/The_Sexual_Harassment_of_Women_at_Workpl
ace_(Prevention,_Prohibition_and_Redressal)_Act,_2013
https://www.google.co.in/url?
sa=t&rct=j&q=&esrc=s&source=web&cd=9&cad=rja&uact=8&ved=0CFgQ
FjAI&url=http%3A%2F%2Findia.gov.in%2Fsexual-harassment-womenworkplace-prevention-prohibition-and-redressal-act2013&ei=LrxXVL2xC8uOuASFuYGYAg&usg=AFQjCNHkJXyIeA_jz4NC
F_Rk0aIOKWVgWg&bvm=bv.78677474,d.c2E
http://www.mondaq.com/india/x/238076/Discrimination+Disability+Sexual+
Harassment/Indias+New+Labour+Law+Prevention+Of+Sexual+Harassment
+At+The+Workplace
http://www1.umn.edu/humanrts/svaw/harassment/explore/5prevention.htm
http://www.bna.com/preventing-sexual-harassment-p17179873502/
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PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE

PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE

The acceptance or rejection of which affects an individual's

Which occurs with the purpose or effect of violating the dignity of a

Which unreasonably interferes with an individual's work performance

Which creates an intimidating, hostile, degrading, humiliating or

Which constitutes an abuse of authority

PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE

Referring to an adult as a girl, hunk, doll, babe, or honey

Whistling at someone, cat calls

Making sexual comments about a person's body

Making sexual comments or innuendos

Turning work discussions to sexual topics

Telling sexual jokes or stories

Asking about sexual fantasies, preferences, or history

Asking personal questions about social or sexual life

Making kissing sounds, howling, and smacking lips

Making sexual comments about a person's clothing, anatomy, or looks

Repeatedly asking out a person who is not interested

Telling lies or spreading rumors about a person's personal sex life

Non Verbal Examples

Looking a person up and down (Elevator eyes)

Blocking a person's path

Following the person

Giving personal gifts

Displaying sexually suggestive visuals

Making sexual gestures with hands or through body movements

PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE

Making facial expressions such as winking, throwing kisses, or licking

Touching the person's clothing, hair, or body

Hugging, kissing, patting, or stroking

Touching or rubbing oneself sexually around another person

Standing close or brushing up against another person

Neck or shoulder massage

Actual or attempt to rape

These examples are not exhaustive.

PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE

Where any of these acts is committed in circumstances where-under the

PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE

Implied or explicit promise of preferential treatment in her

Implied or explicit threat of detrimental treatment in her

Humiliating treatment likely to affect her health or safety

PREVALENCE OF SEXUAL HARASSMENT

PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE

around the world demonstrate that sexual harassment in the workplace is a

PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE

reported to be non-physical, whereas the remaining 19 incidents were

PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE

Decreased work or school performance as the victim must focus on

Increased absenteeism to avoid harassment, or because of illness from

Retaliation from the harasser, or colleagues/friends of the harasser,

Being objectified and humiliated by scrutiny and gossip

Becoming publicly sexualized

PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE

Defamation of character and reputation

Loss of trust in environments similar to where the harassment occurred

Extreme stress upon relationships with significant others, sometimes

Being ostracized from professional or academic circles

Having to relocate to another city, another job, or another school

Loss of job and income; loss of tuition because of having to leave

Weakening of support network: colleagues, friends, and even family

PREVENTION OF SEXUAL HARASSMENT AT WORKPLACE