Analysis of the Regulations in India on Sexual Harassment at Workplace

The government of India has implemented certain laws on the prevention of workplace sexual harassment. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013, which is also known as the PoSH Act, provides an effective grievance redressal mechanism for women who have faced workplace sexual harassment. The main aim of the PoSH Act is to create a system wherein women feel secure and confident to file their complaints of sexual harassment at the workplace. The Internal Complaints Committee (ICC) is formed in all organizations to look into such matters. Harassment Act in the Workplace The Sexual Harassment Act in the workplace describes certain acts or behaviour as part of the PoSH Act, which includes: -rnPhysical contact or advances A name for or request for sexual favours, Making sexually coloured remarks, Showing pornography Any distinct uncomfortable physical, verbal, or non-verbal conduct of sexual nature. The PoSH Act Also Categorizes Events Under Sexual Harassment, Which Includes:- An implied or particular promise of preferential treatment in her employment An implied or unique risk of adverse treatment in her employment An implied or precise threat about her present or future employment popularity An interference collectively alongside her artwork or growing an intimidating, offensive or unfavourable artwork environment Humiliating treatment that is likely to have an impact on her health or safety. Forms on Sexual Harassment There are basically two types of sexual harassment that are discussed below:- Quid Pro Quo Sexual Harassment: It means something in return or an exchange of one thing for another. In the workplace, this kind of sexual harassment takes place when sexual favours are asked in exchange for any kind of special treatment on the job. Threatening an employee or an associate if he/she does not consent to such behaviour is also counted as sexual harassment. These acts of asking may be either verbal or implied, and also the sexual conduct may be either verbal or physical. Hostile Environment Sexual Harassment: Hostile environment sexual harassment includes those acts that take place when either speech or any act of sexual conducts is seen or perceived as offensive. This kind of act interferes with the work performance of the recipient or other associates. Under the PoSH Act, the harassment act in the workplace has been modified as employees are working remotely due to the Covid-19 lockdown. The Act now includes “a dwelling place or a house” that extends to employees working from home.