‘Sexual harassment’: Scope as viewed by Indian courts

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), sets out obligations for the employer, including the requirement to recognize sexual harassment as “misconduct” under service rules and to set up an internal complaints committee (ICC) in workplaces with 10 or more workers.

In light of the POSH Act, most employers adopt a comprehensive POSH policy setting out the process for dealing with complaints of sexual harassment. However, employers/ICCs are still grappling with what exactly constitutes “sexual harassment” under the POSH Act. A snapshot of how courts in India have interpreted the term is provided below.

The POSH Act defines “sexual harassment” to include one or more of the following unwelcome acts or behaviours (whether directly or by implication): (i) physical contact and advances; (ii) a demand or request for sexual favours; (iii) making sexually coloured remarks; (iv) showing pornography; (v) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.