T his section defines the aggrieved woman, workplace and sexual harassment as well as

highlights key elements of workplace sexual harassment. It provides examples of behaviours

through which a woman can experience possible professional and personal harm. It presents
the user with scenarios from across-section of work contexts to build clarity on different forms of
sexual harassment as identified under the Act.
2.1 WHO IS AN AGGRIEVED WOMAN?
The Act recognizes the right of every woman to a safe and secure workplace environment
irrespective of her age or employment/work status. Hence, the right of all women working or
visiting any workplace whether in the capacity of regular, temporary, adhoc, or daily wages basis
is protected under the Act.
It includes all women whether engaged directly or through an agent including a contractor, with
or without the knowledge of the principal employer. They may be working for remuneration, on a
voluntary basis or otherwise. Their terms of employment can be express or implied.
Further, she could be a co-worker, a contract worker, probationer, trainee, apprentice, or called by
any other such name. The Act also covers a woman, who is working in a dwelling place or house.

2.2 WHAT IS A WORKPLACE?

A workplace is defined as “any place visited by the employee arising out of or during the course of
employment, including transportation provided by the employer for undertaking such a journey.”
As per this definition, a workplace covers both the organised and un-organised sectors.
It also includes all workplaces whether owned by Indian or foreign company having a place of
work in India. As per the Act, workplace includes:
- Government organizations, including Government company, corporations and cooperative
societies;
- Private sector organisations, venture, society, trust, NGO or service providers etc. providing
services which are commercial, vocational, educational, sports, professional, entertainment,
industrial, health related or financial activities, including production, supply, sale, distribution
or service;
- Hospitals/Nursing Homes;
- Sports Institutes/Facilities;
- Places visited by the employee (including while on travel) including transportation provided by
employer;
- A dwelling place or house.
The Act defines the Unorganised Sector as:
• Any enterprise owned by an individual or self-employed workers engaged in the production or
sale of goods or providing services of any kind;
• Any enterprise which employs less than 10 workers.

2.3 WHAT IS SEXUAL HARASSMENT AT THE WORKPLACE?

“Sexual Harassment” includes anyone or more of the following unwelcome acts or behaviour
(whether directly or by implication), namely:
1. Physical contact or advances;
2. A demand or request for sexual favours;
3. Making sexually coloured remarks;
4. Showing pornography;
5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature
2.4 KEY ELEMENTS OF WORKPLACE SEXUAL HARASSMENT
Very often situations that start off innocently end up in inappropriate and unprofessional
behaviours. It is important to remember that workplace sexual harassment is sexual,
unwelcome
and the experience is subjective. It is the impact and not the intent that matters and it almost
always
occurs in a matrix of power. It is possible that a woman may experience a single instance of sexual
harassment or a series of incidents over a period of time. It is important also to remember that
each case is unique and should be examined in its own context and according to the surrounding
circumstances as a whole.
The following table highlights the subjective
nature of the experience and the impact it may
have on the person involved, irrespective of the
intent of such behaviour.
To enable prevention of sexual harassment at
the workplace, it is critical to recognize and
differentiate between welcome and unwelcome
sexual behaviour. Listed are some examples of
how “unwelcome” and “welcome” behaviour is
experienced.
THE FIRST STEP TO PREVENTION IS
RECOGNITION
Workplace Sexual Harassment is
behaviour that is
UNWELCOME
SEXUAL in nature
A SUBJECTIVE experience
IMPACT not intent is what matters
Often occurs in a matrix of POWER
10

Impact of inappropriate behaviour

The impact of sexual harassment at the workplace is far-reaching and is an injury to the equal
right of women. Not only does it impact her, it has a direct bearing on the workplace productivity
as well as the development of the society. Below is a list of select examples of such negative
impacts.

SEXUAL HARASSMENT IS A SUBJECTIVE EXPERIENCE

In 2010, the High Court of Delhi endorsed the view that sexual harassment is a subjective
experience and for that reason held “We therefore prefer to analyze harassment from the
[complainant’s] perspective. A complete understanding of the [complainant’s] view requires...
an analysis of the different perspectives of men and women. Conduct that many men consider
unobjectionable may offend many women... Men tend to view some forms of sexual harassment
as “harmless social interactions to which only overly-sensitive women would object. The
characteristically male view depicts sexual harassment as comparatively harmless amusement.
... Men, who are rarely victims of sexual assault, may view sexual conduct in a vacuum without
a full appreciation of the social setting or the underlying threat of violence that a woman may
perceive.”
Dr. Punita K. Sodhi v. Union of India & Ors. W.P. (C) 367/2009 & CMS 828, 11426/2009
On 9 September, 2010, in the High Court of Delhi

2.5 EXAMPLES OF BEHAVIOURS AND

SCENARIOS THAT CONSTITUE SEXUAL
HARASSMENT
Below are examples of behaviour that may or
may not constitute workplace sexual harassment
in isolation. At the same time, it is important
to remember that more often than not, such
behaviour occurs in cluster. Distinguishing
between these different possibilities is not an
easy task and requires essential training and skill
building.
Some examples of behaviour that constitute sexual harassment at the workplace:
1. Making sexually suggestive remarks or innuendos.
2. Serious or repeated offensive remarks, such as teasing related to a person’s body or appearance.
3. Offensive comments or jokes.
4. Inappropriate questions, suggestions or remarks about a person’s sex life.
5. Displaying sexist or other offensive pictures, posters, mms, sms, whatsapp, or e-mails.
6. Intimidation, threats, blackmail around sexual favours.
7. Threats, intimidation or retaliation against an employee who speaks up about unwelcome
behaviour with sexual overtones.
8. Unwelcome social invitations, with sexual overtones commonly understood as flirting.
9. Unwelcome sexual advances which may or may not be accompanied by promises or threats,
explicit or implicit.

10. Physical contact such as touching or pinching.

11. Caressing, kissing or fondling someone against her will (could be considered assault).
12. Invasion of personal space (getting too close for no reason, brushing against or cornering
someone).
13. Persistently asking someone out, despite being turned down.
14. Stalking an individual.
15. Abuse of authority or power to threaten a person’s job or undermine her performance against
sexual favours.
16. Falsely accusing and undermining a person behind closed doors for sexual favours.
17. Controlling a person’s reputation by rumour-mongering about her private life.
Some examples of behaviour that may indicate underlying workplace sexual harassment
and
merit inquiry:
1. Criticizing, insulting, blaming, reprimanding or condemning an employee in public.
2. Exclusion from group activities or assignments without a valid reason.
3. Statements damaging a person’s reputation or career.
4. Removing areas of responsibility, unjustifiably.
5. Inappropriately giving too little or too much work.
6. Constantly overruling authority without just cause.
7. Unjustifiably monitoring everything that is done.
8. Blaming an individual constantly for errors without just cause.
9. Repeatedly singling out an employee by assigning her with demeaning and belittling jobs that
are not part of her regular duties.
10. Insults or humiliations, repeated attempts to exclude or isolate a person.
11. Systematically interfering with normal work conditions, sabotaging places or instruments of
work.
12. Humiliating a person in front of colleagues, engaging in smear campaigns.
13. Arbitrarily taking disciplinary action against an employee.
14. Controlling the person by withholding resources (time, budget, autonomy, and training)
necessary to succeed.
Some examples of workplace behaviours that may not constitute sexual harassment:
1. Following-up on work absences.
2. Requiring performance to job standards.
14
Handbook on Sexual Harassment of Women at Workplace
3. The normal exercise of management rights.
4. Work-related stress e.g. meeting deadlines or quality standards.
5. Conditions of works.
6. Constructive feedback about the work mistake and not the person.

2.6 FORMS OF WORKPLACE SEXUAL HARASSMENT

Generally workplace sexual harassment refers to two common forms of inappropriate behaviour:
• Quid Pro Quo (literally ‘this for that’)
- Implied or explicit promise of preferential/detrimental treatment in employment
- Implied or express threat about her present or future employment status
• Hostile Work Environment
- Creating a hostile, intimidating or an offensive work environment
- Humiliating treatment likely to affect her health or safety
2.7 SCENARIOS
The following scenarios have been constructed as examples based on real life experiences of
women at workplaces. The scenarios attempt to build an understanding of the two types of
workplace sexual harassment as prescribed by the Act i.e. quid pro quo and hostile environment.
The names in the following examples are fictional and in no way refer to any individual alive or
dead.

Prevention and Prohibition

T his section describes those who are both responsible and accountable to prevent workplace

sexual harassment in compliance with the Act. It also highlights the role of workplaces in
prohibiting workplace sexual harassment through an effectively communicated policy.
3.1 PREVENTIVE AUTHORITIES
3.1.1 WHO IS AN EMPLOYER?
An employer refers to:
1. The head of the department, organisation, undertaking, establishment, enterprise, institution,
office, branch or unit of the Appropriate Government or local authority or such officer specified
in this behalf.
2. Any person (whether contractual or not) responsible for the management, supervision and
control of a designated workplace not covered under clause (i).
3. A person or a household who employs or benefits from the employment of domestic worker
or women employees.

per the Act, Appropriate Government means:

i. In relation to a workplace which is established, owned, controlled or wholly or substantially
financed by funds provided directly or indirectly—
a. By the Central Government or the Union Territory administration, the Central Government;
b. By the State Government, the State Government;
ii. In relation to any workplace not covered under sub-clause (i) and falling within its territory, the
State Government.
3.2 WHO IS A DISTRICT OFFICER (DO)?
State Governments will notify a District Magistrate/Additional District Magistrate/ Collector/
Deputy Collector as a District Officer at the local level. The District Officer will be responsible for
carrying out the powers and functions under the Act at the district levels (including every block,
taluka, tehsil, ward, and municipality).
3.3 RESPONSIBILITIES OF THE AFOREMENTIONED AUTHORITIES
Under the law the employer/DO is obliged to create a workplace free of sexual harassment. It is
the responsibility of the Employer/District Officer in general to:
1. Create and communicate a detailed policy;
2. Ensure awareness and orientation on the issue;
3. Constitute Complaints Committee/s in every workplace and district so that every working
woman is provided with a mechanism for redress of her complaint(s);
4. Ensure Complaints Committees are trained in both skill and capacity;
5. Prepare an annual report and report to the respective state government;
6. District Officer will also appoint a nodal officer to receive complaints at the local level.