1. What do you mean by sexual harassment at workplace? Explain giving examples.
According to The Supreme Court definition, sexual harassment is any unwelcome sexually determined
behavior, such as:
Physical contact

A demand or request for sexual favors

Sexually colored remarks

Showing pornography

Any other physical, verbal or non-verbal conduct of a sexual nature.
Sexual harassment in the workplace is a violation of women's human rights and a prohibited form of
violence against women. Harassment of sexual nature is severe or pervasive and affects working
conditions or creates a hostile work environment.
It is sexual harassment if a supervisor requests sexual favors from a junior in return for promotion or
other benefits or threatens to sack for non-cooperation. It is also sexual harassment for a boss to make
intrusive inquiries into the private lives of employees, or persistently ask them out. It is sexual
harassment for a group of workers to joke and snigger amongst themselves about sexual conduct in an
attempt to humiliate or embarrass another person. - See more
Verbal Examples:

Referring to an adult as a girl, doll, babe, or honey

Whistling at someone, cat calls

Making sexual comments about a person's body

Turning work discussions to sexual topics

Telling sexual jokes or stories

Asking about sexual fantasies, preferences, or history

Asking personal questions about social or sexual life

Making kissing sounds, howling, and smacking lips

Making sexual comments about a person's clothing, anatomy, or looks

Repeatedly asking out a person who is not interested

Telling lies or spreading rumors about a person's personal sex life
Non Verbal Examples

Looking a person up and down (Elevator eyes)

Staring at someone

Blocking a person's path

Following the person

Giving personal gifts

Displaying sexually suggestive visuals

Making sexual gestures with hands or through body movements

Making facial expressions such as winking, throwing kisses, or licking lips
Physical Examples

Touching the person's clothing, hair, or body

Hugging, kissing, patting, or stroking

Touching or rubbing oneself sexually around another person

Standing close or brushing up against another person

Neck or shoulder massage

Actual or attempt to rape
These examples are not exhaustive.
2. What complaint mechanism is being provided by the POSH Act for redressal of an act
of sexual harassment at workplace?
The Act provides for an effective complaints and redressal mechanism. Under the Act, every employer
is required to constitute an Internal Complaints Committee where there are 10 or more workers. In our
country establishments having less than 10 workers may not be feasible to set up an Internal
Complaints Committee (ICC), the Act provides for setting up of Local Complaints Committee (LCC) to
be constituted by the designated District Officer at the district or sub-district levels, depending upon the
need. This twin mechanism would ensure that women in any workplace, irrespective of its size or
nature, have access to a redressal mechanism. The LCCs will enquire into the complaints of sexual
harassment and recommend action to the employer or District Officer.
The ICC, which must have a minimum of four members, at least half of whom are women, will hear the
sexual harassment complaints. A Local Complaints Committee (LCC) will be set up in each district to
hear complaints from organisations where there are fewer than ten employees, or where the complaint
is against the employer himself.
The ICC and LCC have the same powers as a civil court, including gathering evidence and requiring
witnesses to attend and give evidence on oath, as well as making recommendations to the employer,
granting the employee up to three months’ leave and awarding compensation to be paid by the
harasser in the form of deductions from their salary. There is no cap on the compensation that can be
awarded, and the factors that will be taken into account include mental trauma, suffering and emotional
distress, the loss of career opportunities and any medical expenses the employee incurs for physical
and/or psychiatric treatment. The income and financial status of the harasser may also be taken into
account.
Significantly for employers, they will not be vicariously liable, so they are not required to pay the
compensation awarded to the employee. The harasser alone is liable for this. However, it is conceivable
that the law will change over time and in the future, employers will be required to compensate
employees who have been subjected to sexual harassment at work.
The complaint to the ICC or LCC must normally be made within three months of the date of the alleged
incident, or if there has been a series of incidents, within a period of three months from the date of the
last incident. The Complaint Committees are required to complete the enquiry within 90 days and a
period of 60 days has been given to the employer/District Officer for implementation of the
recommendations of the Committee.
Another requirement under the Act is for employers to organize regular workshops and awareness
training for employees and to also display, in a conspicuous place in the workplace, the order
constituting the ICC and the penal consequences for employees who sexually harass female
employees.
Employers also have a duty to help the employee file a police complaint if she wants to press criminal
charges against the harasser.
3. What penal provisions are there in the POSH Act and IPC that deal with the issue of
sexual harassment at workplace?
PENAL PROVISIONSUNDER THE POSH ACT
Section 26 of the POSH act provides that, an employer will be liable to a fine of Rs 50,000/(Rupees Fifty Thousand Only) in case of violation of his duties under the Act and in case of subsequent
violations the amount of fine will be double together with penalty in the form of cancelation of his
license, withdrawal or non-withdrawal of the registration required for carrying out his activity.
UNDER THE INDIAN PENAL CODE
As a result of the growing importance of the issues relating to sexual harassment and protection of
female employees in India, a new section (Section 354A) was added to the Indian Penal Code, 1860
through the Criminal Law (Amendment) Act, 2013, which enlists the acts which constitute the offence
of sexual harassment and further envisages penalty or/and punishment for such acts. A man
committing an offence under this section is punishable with imprisonment, the term of which may range
between 1- 3 years or with fine or both. Since the amendment criminalizes all acts of sexual
harassment, employers shall be required to report any offences of sexual harassment to the appropriate
authorities.