FAQs

What is harassment?

As per section 2(h) of the the Protection against Harassment of women at the
Workplace Act, 2010 “harassment” means: (i) any unwelcome sexual advance,
request for sexual favours, stalking or cyber stalking or other verbal, visual or
written communication or physical conduct of a sexual nature or sexually
demeaning attitudes, including any gestures or expression conveying derogatory
connotation causing interference with work performance or creating an
intimidating, hostile or offensive work environment, or the attempt to punish the
complainant for refusal to comply to such a request or is made a condition for
employment; or (ii) discrimination on basis of gender, which may or may not be
sexual in nature, but which may embody a discriminatory and prejudicial mind
set or notion, resulting in discriminatory behavior on basis of gender against the
complainant.

What can sexual harassment look like?

Specific examples are: verbal harassment or abuse, subtle pressure for sexual activities, sexual advances in the pretext of narrating sexual incidents, unnecessary touching, patting, or pinching, leering at a person’s body, constant brushing up against a person’s body, demanding sexual favors accompanying by subtle or overt threats concerning employment or advancement, physical assault, including rape.

There are two significant manifestations of Sexual harassment in the work environment, which are important to describe:

i) Abuse of authority: A demand by a person in authority, such as a supervisor, for sexual favors in order for the victim to keep or obtain certain job benefits, be it a wage increase, a promotion, training opportunity, a transfer or the job itself.

ii) Creating hostile environment: Any unwelcome sexual advance, request for sexual favors or other verbal or physical conduct of a sexual nature, which interferes with an individual’s, work performance or creates an intimidating, hostile, abusive or offensive work environment. The typical “hostile environment” claim, in general, requires finding a pattern of offensive conduct, however, in cases where the harassment is particularly severe, such as in cases involving physical contact, a single offensive incident will constitute a violation.

Where can sexual harassment happen?

There is no particular place or situation where sexual harassment happens. It can happen anywhere. It could occur in the workplace or environments such as school or University. It could also be during hallway exchanges or non-professional settings.

What should I do if someone tells me that they’ve been sexually harassed?

People who’ve been harassed often turn to friends and family members for support, and in such a case where a person comes up to you and trusts you; listen to them and believe them. DON’T judge them. Moreover, encourage them to seek help whether legal or medical.

What laws are there for work place sexual harassment?

1. According to Section 2(h) of the Protection against Harassment of women at Workplace Act, 2010 harassment” means any unwelcome sexual advance, request for sexual favors or other verbal or written communication or physical conduct of a sexual nature or sexually demeaning attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply with such a request or is made a condition for employment.

2. According to the Section 3 of the Protection against Harassment of women at Workplace Act, 2010, every organization has to constitute an Inquiry Committee to inquire into complaints made against workplace harassment. And committee shall consist of three members of whom at least one member should be a woman.10. If a person is guilty of workplace harassment, following penalty under Section 4 of the Protection against Harassment of women at Workplace Act, 2010 can be imposed on him:

A) Minor Penalties: (a) censure; (b) withholding, for a specific period,
promotion or increment; (c) stoppage, for a specific period, at an
efficiency bar in the time-scale, otherwise than for unfitness to cross such
bar; and (d) recovery of the compensation payable to the complainant
from pay or any other source of the accused;

B) Major Penalties: (a) reduction to a lower post or time-scale, or to a lower
stage in a timescale; (b) compulsory retirement; (c) removal from service;
(d) dismissal from service; (i) suspension or cancellation of a professional
license; and (ii) Fine. A part of the fine can be used as compensation for
the complainant. In case of the owner, the fine shall be payable to the
complainant.

3. According to Section 8 of the Protection against Harassment of women at Workplace Act, 2010, the female has an option to file a complaint directly to the Ombudsman or the Inquiry Committee.