Definition of Sexual Harassment
Sexual harassment at the workplace
“Sexual Harassment” includes anyone or more of
the following unwelcome acts or behaviour ( whether directly or by
implication), namely;
The Sexual harassment of women at the workplace was not
considered as specific offence till the time the Apex Court of India, gave its
landmark judgment in Vishaka vs. State of Rajasthan laying down specific
guidelines and giving directions to the employers to have sexual harassment
policy in the workplace and to consider sexual harassment as a serious offence.
Prior to 1997, sexual harassment was dealt with under Section 509 and 354 of
the Indian Penal Code, however these sections did not specifically define the
act, words or gestures which amounts to the offence of sexual harassment and it
was left to the whims and fancies of the Person deciding the Case according to
their value judgement.
Though the Hon’ble Supreme Court gave directions to curb the
offense of sexual harassment of women at workplace, the legislation came up
with the enactment after 16 years of the above-mentioned judgment. There is a
difference between sexual harassment and rape. As per Section 2(n) of the SH
Act, 2013, Sexual harassment includes any one or more of the acts or behaviour:
Physical contact and advances, a demand or request for sexual favours, making
sexually coloured remarks, showing pornography, any other unwelcome physical,
verbal or non-verbal conduct of sexual nature. The 2013 Act covers a wide range
of the acts, behaviour or gestures which can make a woman uncomfortable and
creates a hostile work environment for a woman and undermine the potential of a
person to work and perform well at the workplace. Sexual harassment, when
encountered at work, at events relating to work, amongst people sharing the
same workplace or between colleagues outside of work, violates the principles
of Article 19 (1) g of the Indian Constitution.