INTRODUCTION
Sexual harassment of women in the workplace poses a significant concern in India, as it directly violates the constitutional guarantees of equality, dignity, and the right to a safe working environment. In today’s world, a large number of women entering the workforce in all sectors, there is also an increased incidence of such malpractices exposing sexual harassment within professional setups. The turning point for the protection of women in India came in the Vishaka v. State of Rajasthan case, after which the Supreme Court laid down the Vishaka Guidelines in 1997. These guidelines were later incorporated into the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), which duly prescribes mechanisms for prevention of sexual harassment by setting up Internal Complaints Committees (ICCs), campaigning awareness programs, and stipulated inquiry timelines. This study examines the growing protection from workplace harassment, both legal and practical, taking a view from judicial intervention to statutory enactment. Corporate compliance regarding policies, training, and annual reporting is reviewed. While analyzing the law, the key takeaway is that harassment can at times be an issue of dominance and power, especially in male-dominated workplaces.
With evolving times, the role of women in society has undergone a significant transformation. Women are now active contributors to the nation's economy, participating in diverse fields such as education, politics, science, technology, and business. However, their growing presence in the workforce has brought light to the persistent and deeply concerning issue of sexual harassment in the workplace. This form of harassment not only reflects gender-based discrimination but also violates the fundamental rights guaranteed under the Constitution of India. Specifically, it infringes upon Article 14 (right to equality), Article 15 (prohibition of discrimination based on sex), and Article 21 (protection of life and personal liberty).
VISHAKHA VS STATE OF RAJASTHAN
The first significant legal step in addressing this issue came through the landmark case of Vishaka vs. State of Rajasthan(1997), which led the Supreme Court to lay down the Vishaka Guidelines—interim measures to ensure protection against harassment on women at workplace until any proper legislation was enacted. Later, these principles were codified into the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Furthermore, if we talk about international aspect, India following the dualist theory had already committed to this cause by ratifying the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1993, reinforcing its responsibility to uphold women's right to a safe and dignified workplace.
It highlights the tragic case of Bhanwari Devi, a grassroots social worker from Bhateri village in Rajasthan, who was employed under the government's Women's Development Project as a 'Saathin'. In 1992, while campaigning against child marriage, Bhanwari tried to stop the marriage of a nine month old girl in the Gurjar family. Despite police attempts to stop the marriage, it was still conducted. The next day, the Gurjar family and villagers blamed Bhanwari for the interference, resulting in her social boycott and loss of employment.
On 22 September 1992, in an act of revenge, five men, including members of the Gurjar family, brutally gang-raped Bhanwari and assaulted her husband. The police initially hesitated to register the complaint and delayed the medical examination for over two days, further weakening the case. Due to a lack of evidence and local political pressure, the Trial Court acquitted the accused. This miscarriage of justice drew national outrage and sparked women's rights organizations. A coalition of activists filed a Public Interest Litigation (PIL) under the name 'Vishaka' in the Supreme Court. The PIL argued that the absence of legal safeguards against sexual harassment violated women's fundamental rights under Articles 14, 15, and 21 of the Indian Constitution.
In response, the Supreme Court, in 1997, issued the Vishakha Guidelines to address sexual harassment at the workplace. These guidelines served as the first legal framework in India, emphasizing employer responsibility and preventive measures. In 2013, India passed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, commonly known as the PoSH Act, which gave statutory backing to the principles outlined in the guidelines and provided a detailed legal framework.
Scope and Applicability of the Act
The PoSH Act came into effect on 23 April 2013 and is applicable across the entire territory of India. The Act defines an "aggrieved woman" as any woman, regardless of her age or employment status, who alleges to have been subject to sexual harassment at the workplace. It includes full-time or part-time employees and women who may not be formally employed, such as volunteers, interns, domestic workers, or clients visiting a workplace.
The Act applies to both the organized and unorganized sectors. It covers various establishments, including government departments, private enterprises, non-governmental organizations, educational institutions, hospitals, sports complexes, entertainment facilities, and even homes where domestic help is employed. Also," extended workplace refers to locations such as off-site client meetings, training centers, and transportation provided by the employer are also considered part of the workplace.
Under the current law, all workplaces with 10 or more employees must establish an Internal Complaints Committee (ICC). For establishments with fewer than 10 employees or when the complaint is against the employer, a Local Complaints Committee (LCC) must be set up at the district level.
Internal Complaints Committee (ICC)
Every organization with 10 or more employees is required to set up an Internal Complaints Committee at each branch or office. The ICC should consist of four members:
There should be a presiding officer who is a woman working at the senior level. If no woman is available at the senior level, then the officer shall be nominated from the other administrative units of the workplace.
At least two members should be selected from the employees, those who are dedicated to women's issues or with experience in social work or legal expertise.
One member should be chosen from non-governmental organizations or associations dedicated to women's issues, or an individual knowledgeable about matters related to sexual harassment. One-half of the total members shall be women.
The ICC is responsible for receiving and investigating complaints of sexual harassment and must function independently and impartially.
Local Complaints Committee (LCC)
For smaller organizations with fewer than 10 employees, a Local Complaints Committee is established at the district level. The District Officer is responsible for forming this committee. The LCC must include:
A chairperson from among eminent women in the field of social work;
A woman representative from local authorities;
Two members from NGOs (one must be a woman and preferably with legal knowledge);
An officer from the Women and Child Welfare Department is an ex officio member.
Corporate Implementation of the PoSH Act, 2013
Companies implement PoSH Act compliance through structured internal processes and regular monitoring. First, in consultation with legal teams, HR departments draft a PoSH policy considering the organization’s size, structure, and workforce. This policy is shared through employee handbooks, onboarding kits, emails, and internal portals to ensure everyone knows their rights and responsibilities.
The Ministry of Corporate Affairs, through a notification dated 30th May 2025, amended the Companies (Accounts) Rules, 2014, by introducing the Companies (Accounts) Second Amendment Rules, 2025. The amendment has been made effective prospectively from 14th May 2025. Prior to the amendment, Rule 8(5)(x) required companies to include in their Board’s Report “a statement that the company has complied with provisions relating to the constitution of Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [14 of 2013].” This Notification inserted that it should be comply with following details:-
Number of complaints of sexual harassment received in the year;
Number of complaints disposed off during the year; and
Number of cases pending for more than ninety days.
Furthermore, It also inserted a new Clause (xiii) under Rule 8, requiring companies to also state their compliance with the provisions of the Maternity Benefit Act, 1961 in the Board’s Report.
These disclosures align with the reporting obligations under Section 21 of the PoSH Act, 2013, read with Rule 14 of the The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013, which requires the Internal Committee to submit an annual report to the employer and the District Officer. In addition to the above three disclosures, the report under Rule 14 must also include:
Number of workshops or awareness programme against sexual harassment carried out;
Nature of action taken by the employer or District Officer.
If the companyfail to comply with this reporting requirement in board’sreport then penalties under section 134 of the Companies Act, 2013 will attract and they will be liable to pay fine of ₹3,00,000, while the officer in default may face a penalty of ₹50,000.
Employment contracts should be revised to include references to the PoSH policy and to make employees formally accountable for respectful workplace behaviour. Companies form Internal Complaints Committees (ICCs) with more than 10 employees at every office to fulfil the statutory requirement. For awareness, companies conduct regular workshops, role-based training sessions, and e-learning modules to explain what constitutes harassment and how to report it. Posters displaying ICC details and complaint procedures are mandatorily placed in common areas. Despite the legal provisions, implementation remains uneven, especially in the informal sector and in smaller private organizations. Many women still hesitate to report due to fear of retaliation, lack of trust in the system, or stigma. While the PoSH Act has brought clarity and structure to addressing workplace harassment, there is still a pressing need for more vigorous enforcement, regular training, and cultural change to create safe and respectful work environments across all sectors.
Complaint Filing and Inquiry Procedure
Section 9 of the PoSH Act, 2013 currently allows an aggrieved woman to file a complaint within three months of the incident, extendable by another three months in exceptional cases. Also, section 10 of the PoSH Act, 2013 permits conciliation to the victim if he wants to settle out of court. However, a Private Member's Bill—the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Bill, 2024—was introduced in the Rajya Sabha on 2 February 2024. This Bill proposes key changes, including extending the complaint filing period from three to twelve months and removing the conciliation provision altogether. These amendments aim to provide greater access to justice and ensure that complaints are mandatorily addressed through formal inquiry processes. While the proposed changes reflect growing sensitivity to the challenges faced by survivors, it is essential to note that the Amendment Bill is still under consideration and has not yet become binding law.
Upon receiving a complaint, the committee must inquire within 90 days. The findings are submitted to the employer or District Officer, on whom action must be taken within 60 days. If the complaint is proven, disciplinary action must be taken per the organization’s service rules and the PoSHAct, 2013. If no such laws exist, the committee can recommend suitable punishment such as a written apology, a warning, pay cuts, demotion, or even dismissal.
DUTIES OF EMPLOYER
If a person is working in any firm, office, or place, the employer must protect the dignity
of their employees and provide a safe and healthy environment for them. So, these are the duties employers must follow to ensure a safe, secure, and harassment-free working environment for women:-
Protect all individuals from harassment.
The penal consequences of sexual harassment and the details of the Internal Complaints Committee (ICC) must be clearly displayed at the workplace.
Conduct regular employee workshops, awareness programs, and orientation for Internal Committee members.
Provide necessary resources to the Internal Committee or Local Committee for handling complaints and conducting inquiries.
Help secure the attendance of the respondent and witnesses before the Committee.
Sexual harassment must be treated as misconduct under the organization’s service rules, and appropriate disciplinary action must be taken.
Employers must monitor and ensure that the ICC submits its reports within the prescribed timelines.
CONCLUSION
Sexual harassment of women at the workplace remains a severe and persistent issue, despite evolving legal protections and growing awareness. It not only violates fundamental rights but also reflects deeper societal problems rooted in gender inequality, power imbalance, and cultural silence.
The landmark Vishakha vs. State of Rajasthan case brought to light the severity of this issue. It led to the creation of the Vishakha Guidelines, which eventually paved the way for the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This legislation mandates the establishment of Internal Complaints Committees and outlines comprehensive duties for employers to ensure a safe and respectful working environment for employees. The Act is critical to safeguarding women's rights, promoting gender equality, and fostering a workplace culture free from harassment and discrimination.
Arnav Jain
{Vishaka v. State of Rajasthan, (1997) 6 SCC 241}
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