Unmasking The Challenges For Women - A Decade Of The Sexual Harassment Act, 2013

Author: LawSphereX

Category: General Law

Published: 2026-08-23T21:39:59.973814+00:00

Updated: 2026-08-26T17:05:08.542+00:00

UNMASKING THE CHALLENGES FOR WOMEN: A

DECADE OF THE SEXUAL HARASSMENT ACT, 2013

Ram Krishna Mani Tripathi, Research Scholar, Atal Bihari Vajpayee School of Legal Studies, Chhatrapati Shahu Ji Maharaj University, Kanpur

ABSTRACT

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) is a milestone in the legal efforts of India toward protecting women against sexual harassment at workplace. The Act was based on the Vishaka Guidelines of 1997, whereby the Act entailed codification of preventive, prohibitive, and redressal mechanisms to compel organizations to implement the Internal Complaints Committees (ICC) as well as the Local Complaints Committees (LCC). Nevertheless, it has not been effective in the recent past due to major deficits in awareness, implementation and procedural justice. This paper is a critical analysis of how the Act came into prominence through the court interventions in Vishaka v.

The State of Rajasthan up to the latest case laws, the recurring issues like confinement to the restricted range of formal employment relations, limited time frame to make complaints, and the controversial aspect of the mandate on conciliation. Based on legislative history, NCRB data (2018–2022), and landmark judgments, an analysis highlights how systemic obstacles, weak law enforcement, fear of retaliation, and social stigma that prevent reporting. The paper also discussed the physical, psychological, and economic consequences of workplace harassment on women, exposing its far reaching effects on females in terms of equality, labour force participation, and their economic security. Other incidents in the news depict how effective enforcement, gender sensitization, and victim-focused reforms are required.

The results support the idea of amending the policymakers to cover the nontraditional workplace environments, remove unjustified procedural restrictions, reinforce ICC responsibility, and incorporate foreign provisions of human rights into national jurisdiction (such as CEDAW). India can build a powerful bridge between the intention of laws and their practical application, and thereby converting the POSH Act into an instrument of effective empowerment and turning workplaces into safe, inclusive, and equitable environments, wherein women thrive. Keywords: Sexual Harassment, POSH Act 2013, Vishaka Guidelines, Workplace Safety, Gender Equality, Legal Reform

1. Introduction

य" नाय%&तु पू+य,ते रम,ते त" देवता:।

य"ैता&तु न पू+य,ते सवा%&त"ाफला: ि8या:।1

In India, woman is idolized as Goddess. Indian history and mythology have not denied women a place of pride. However, things are completely different nowadays. Women today are still viewed as the predominant victims of crime. In our beloved country, there is hardly any woman, regardless of her status, who has not been sexually abused at some time or another, in some form or another. Many such incidents do not come to light due to fear of public shame and family pressure. To address this issue, our Parliament has enacted a law, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. The law governing sexual harassment was given in Vishaka’s case2. In this case, the women’s rights against sexual harassment at workplace have been explained in detail. There are few guidelines were given in this case by a three judges bench3 of the Apex Court.

Vishaka (a social worker) was a victim of gang rape in a village in Rajasthan. This happened in the year 1992 when Bhanwari Devi was employed as a worker at the rural level to prevent a child marriage by Rajasthan State. She was trying to stop a child marriage in a community. She filed a complaint to the local authority regarding this, but nothing happened. Those men then gang raped Bhanwari. Based on the fact of Banwari Devi, against the Rajasthan State and the Union of India, a PIL4 was filed. In Vishaka’s case5, the Apex Court has issued legally binding principles, the right to equality and dignity, as given in Indian Constitution, and has also included the definition of sexual harassment, where the accountability has shifted to the institution rather than the individual, and the prevention of sexual harassment is prioritized with provision of innovative mechanism of redress.

The Apex Court defined sexual harassment as any improper, sexually motivated, physical, and verbal or no bodily behaviour including sexually coloured remarks regarding 1 Manusmriti ch. 3, v. 56 (G. Buhler trans. , Sacred Books of the East, Vol. 25, 1886). Where women are worshipped, there blooms divinity, and wherever women are disrespected, all efforts, no matter how much good they do, remain barren.

2 Vishaka and others v. State of Rajasthan (1997) 6 SCC 241(India).

3 CJ. Verma, J. Sujata, and J. Kirpal.

4 Public Interest Litigation.

5 (1997) 3 SCC 11 (India).

women; requests for sexually favour; and sexually offensive imagery in the working environment. Following Vishaka, the legislature had made some efforts that become operational. The legislature had written quite commendable contributions to passing the law on sexual harassment way back in 2000 through the Sexual Harassment of Women at the Workplace (Prevention) Bill, 2000. It also put the obligation on the employer to take an action when the act of sexual harassment was a specific offence under Bharatiya Nyaya Sanhita6 or even under any other law, enforce disciplinary liability in case of misconduct and institute a complain mechanism. After one year, the Prevention of Sexual Abuse of Women at Workplace Bill, 20017, was tabled. It defined sexual abuse and the minimum punishment of not less than six months as well.

A bill called the Prevention of Sexual Abuse and Harassment of Women and Girls at Workplace Bill, 20028, was proposed. It was the bill that attempted to define what sexual harassment at workplace means. Following that, the Parliament passed the 2007 bill. In 2010, the draft Protection of Women against Sexual Harassment at the Workplace Bill, 2010, was referred to the Ministry of Law and Justice. The other one presented in the House of People was the Sexual Harassment of Women at Workplace (Prohibition, Prevention, and Redressal) Bill, 2012. The Parliament passed this bill on September 3, 2012, and on April 22, 2013, the President of India gave it his assent. The 2013 Act was not enforced until November 9, 2013. The Apex Court considered the fact that no hostile environment was present at the workplace and outlined the process to be followed when addressing sexual harassment complaints.

Section 2(n) of the Sexual Harassment Act, 2013, defines the sexual harassment. It is constituted in the form of a physical touch or advances, demands or requests of sexual favour, any words or remarks of a sexually explicit nature, the display any pornographic material, or any other form of unwelcome behaviour of a sexual nature, whether in the form of touch, words, or non-verbal gestures. 9 Sexual Harassment of Women at Workplace, Act, 2013, clearly stated in Section 3(1)10, the sexual harassment of any women at any workplace is prohibited. Internal Complaints 6 Indian Penal Code, § 354-A (1860) (India), now substituted by Bharatiya Nyaya Sanhita, § 75 (2023) (India). 7 The Prevention of Sexual Abuse of Women at Workplace Bill, Bill No. VI of 2001, 2001 Sess. (India). 8 The Prevention of Sexual Abuse and Harassment of Women and Girls at Workplace Bill, Bill No. LXII of 2002 (India).

9 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, § 2(n), https://doe. gov. in/files/inline-documents/DoE_Prevention_sexual_harassment. pdf (last visited July 5, 2025).

10 Id. § 3(1).

Committee and Local Complaints Committee are provided in Section 4(1)11 and Section 6(1) of the same Act. As per a proviso given in Section 4(2)12, in the ICC, women should comprise half of the total members. There is somehow a weakness of the act too. The 2013 Act, as presented, is targeted toward the employment relationship and not toward the entire spectrum of the working world. This is one of the major shortcomings of the statute. This triggers misunderstandings in the professional institutions, technical institutions, and learning institutions, especially where the students themselves are not employed. The 2013 act stipulates that a complaint should be addressed to the committee within a maximum of three months. This provision is irrelevant because it restricts a woman to complain about sexual harassment at the workplace.

According to the 2013 Act, when a complaint is made, the Internal Complaints Committee or Local Complaints Committee has choice to settle the issue through conciliation process before the enquiry under Section 11 of the Sexual Harassment Act, 2013 is instituted. 13 This provision has received many criticisms. In its landmark report issued in January 2013, the Verma Committee14 noted that this is an unacceptable provision, as it is contrary to Vishaka judgement, and it should be removed. The order of international law was fully disregarded in this provision. Nowadays, a very large number of women have been sexually harassed by their bosses. There is no place good enough for women; the new workplace has come with new problems. They are compromised by systems that destroy their existence in the womb, such an amniocentesis. At home the spouse, in-laws etc.

, irritate them, and at the workplace they are sexually arousing and physically irritating to businesses and bosses. In fact, even women who are not victims of brutality have had their lifestyles greatly affected by the fear of this vicious act. The cause of cruelty against women has been the most prevalent theme of women’s freedom in India. A female is a victim even in the industrialized, globalized, and innovative era. 15

2. Historical Development of 2013 Act

The guidelines of the Apex Court of India against women’s sexual harassment at workplace are

11 Id. § 4(1).

12 Id. § 4(2)(c) proviso.

13 Id. § 11.

14 Justice J.S. Verma et al., Report of the Committee on Amendments to Criminal Law (Jan. 23, 2013),

https://prsindia.org/policy/report-summaries/justice-verma-committee-report-summary, (last visited July 10, 2025). 15 Jagadish A.T. & Saraveswara G.M., An Overview of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, 3 Karn. L.J. 57 (2013).

based on Bhanwari Devi’s gang rape in a village in Rajasthan. A petition was filed by the group of women rights activists in the Apex Court, on the name of Vishaka, for some guidelines concerning the sexual harassment faces by women at the Workplace. The Supreme Court judgement emerges, and it was on August 13, 1997, that the Vishaka Guidelines were given. After the Vishaka judgment, the Supreme Court passed judgements against sexual harassment at the workplace after the Vishaka judgment in various cases. Also, in matters related to legislation, numerous bills have been introduced in Parliament regarding sexual harassment at workplace. The legislature had been making great effort to introduce a law on sexual harassment that began way back in the year 2000 with the Sexual Harassment of Women at the Workplace (Prevention) Bill, 2000.

16 Thereafter numerous bills have introduced in the Parliament concerning sexual harassment. The historical development of the Sexual Harassment Act, 2013 consists of the following two points:17

2.1 Judicial Initiative Lead to the passing of the 2013 Act

There existed no legislature in India, who takes the responsibility to safeguard women against sexual harassment and unwelcome offences. The Vishaka’s case was the first one in which the Court observed that sexual harassment is against human rights. Vishaka was an incidence of gang rape that falls under a particular section of the Bharatiya Nyaya Sanhita18. The Court had envisaged the necessity of legislation to safeguard women at the workplace against sexual harassment and had utilized the occasion to create a law on the given matter, in form of judicial legislation. 19 After Vishaka case, Apparel Export Promotion Council v. A. K.

Chopra20, came where it was observed by the court that “There is no doubt indeed that any single case of sexual harassment at the workplace is destined to infringe the most fundamental right of equality and the right to life and personal liberty, the two most important rights given by the Indian Constitution. Such infringements cannot be treated in any other way; allow no discussion. ” Subsequently, in the first verdict in Medha Kotwal Lele21, the Supreme Court was compelled to provide many directives stating that within two months, governments and union territories that have not already been amended their Civil Service Conduct Rules should do so. All state

16 This private member’s Bill was introduced by Dr. K. Malaisamy in the year 2000 in Rajya Sabha.

17 Jagadish A.T. & Saraveswara G.M., An Overview of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, 3 KAR. L.J. 57 (2013).

18 Indian Penal Code, 1860, § 354-A, now substituted by Bharatiya Nyaya Sanhita, 2023, § 75.

19 Geetha K.K., Bill on Sexual Harassment: Against Women’s Rights, 47 Econ. & Pol. Wkly. 23 (Jan. 21, 2012).

20 (1999) 1 S.C.C. 759 (India).

21 (2013) 1 SCC 297 (India).

functionaries as well as undertakings and organizations both in the private and the state sector are directed to put in enough mechanisms in place to make sure that the Vishaka guidelines are fully implemented. The court also put a stipulation that these directives must be complied with by the different authorities within a time stipulation of two months. 22 Firstly, the Apex Court laid down certain guidelines regarding sexual harassment in the case of Vishaka and later applied it in the case of Apparel Export Promotion Council v. A. K. Chopra in 1999, wherein it upheld the dismissal of one of the senior officers of an Apparel Export Promotion Council Based in Delhi who was found guilty of sexually harassing one of their female employees at her work place.

The court considered the view that such act of sexual harassment is rooted in gender discrimination and any sort of molestation in the hands of her superior ought to be deemed as an act of sexual harassment. In the same judgement the Supreme Court also declared that any act or gesture, either making direct or implied or gesture that is lewd or tends to insult the modesty of women employee, should be encompassed within the meaning of sexual harassment. In Rupan Deol Bajaj v. K. P. S. Gill23, Supreme Court of India said that the gesture by Mr. Gill of slapping Mrs. Bajaj on her bottom was an act that outraged her modesty. Under the section

29424 and 50925 of Indian Penal Code, instead of 3 months of rigorous imprisonment, the Apex

Court fined Rs. 2.5 lacs., on K.P.S. Gill. Court opined that this constitutes an abhorring abuse to the decency of womanhood. In N. Radhabai v. D. Ramchandran26, another instance was reported when N. Radhabai, secretary to D. Ramchandran, then social minister of the state, complained of abuse of girl in the welfare institutions; he attempted to molest her and shortly fired her. The Apex Court passed the judgement in favour of Radhabai with retro pay and benefits backdated since dismissal. In Medha Kotwal Lele and Ors. v. Union of India27, before the Supreme Court, it was revealed that the government was the greatest offender. The central and state governments and other professional bodies were summoned in court, including the Bar Council of India, to report the 22 Indira Jaising, Law Relating to Sexual Harassment at the Workplace (2d ed. Universal Law Publ’g Co. 2004).

23 (1995) 6 S.C.C. 194; A.I.R. 1996 S.C. 309 (India).

24 Now in Bharatiya Nyaya Sanhita, No. 45 of 2023, § 296 (India).

25 Id. § 79.

26 (1995) SC 238 (India).

27 (2013) 1 SCC 297 (India).

steps they had taken. It was also believed that such report to be made by Sexual Harassment Committee would be treated as an enquiry report under CCS (CCA) Rules, 1965. In Vasantha R. v. Union of India28, the Madras High Court established a set of guidelines for the welfare of women who works during the night shifts. The employer shall either prevent incidents of sexual harassment or discourage acts of sexual harassment and shall also provide procedures for addressing acts of the sexual harassment, ensuring the maintenance of a complaints committee within the factory. Additionally, adequate lighting facilities must be provided around the factory where women are employed to provide their services in groups of not less than 10, and not less than two third of supervisors the working at night should be women.

The arrangements of the boarding and lodging of the women workers shall be exclusively under the supervision of female wardens, and monthly meetings with representatives must be conducted. In Samridhi Devi v. Union of India & Ors. 29, The High Court of Delhi held that in sexual harassment complaints, the employer is responsible for making the workplace safe, a workplace free from sexual harassment. The court noted that failing to act or informing action late or in a casual manner results in a loss of the confidence in female employees. In Rinchu v. Govt of NCT of Delhi & Ors. 30, the Delhi High Court ruled that where women are achieving more in performing various assignments, the employer is bound to provide a secure workplace and concluded by awarding a sum of Rs 7. 5 lakhs as compensation to the victimized nurse. In Dr. Punita K. Sodhi v. Union of India & Ors.

31, the High Court affirmed that sexual harassment is a matter of subjective experience; this is why, it held, “we are inclined to analyse the problem of sexual harassment through the prism of the complainant. To present the complete image of what the complainant thinks, it should have... analysis of various attitudes of females and males. ”

28 (2001) II LLJ 883.

29 125 DLT 284 (Del. 2005).

30 134 DLT 406 (Del. 2006).

31 W.P. (C) No. 367 of 2009 & CM Nos. 828, 11426 of 2009 (Del. HC).

In Ms. G v. ISG Novasoft Technologies Ltd.32, the Madras High Court had granted damages to one employee of Rs. 1.68 crores against the employer for not constituting a Complaints Committee as per the Vishakha Guidelines. In Gaurav Jain v. Hindustan Latex Family Planning33, the High Court of Delhi ruled that regularly practicing gender sensitization programs, such as training, is essential to be conducted on issues related to the Sexual Harassment Act, 2013, across all disciplines, regardless of the type of government.

2.1.1 Recent Landmark Court Rulings and Legal Precedents

(i) Supreme Court (India): Compromise Doesn’t End Harassment Cases In Ramji Lal Bairwa & Anr. v. State of Rajasthan & Ors. 34, the Apex Court held that on the basis of so-called compromise, no sexual harassment case can be quashed between the accused and the complainant. A bench headed by Justice B. V. Nagarathna has ruled that compensation to be paid under Section 357A35 of the CrPC and the rules made under POCSO,. (ii) Singing 'ye reshmi zulfein' at workplace not sexual harassment: Bombay High Court In Vinod Narayan Kachave v. Presiding Officer, Internal Complaints Committee & Ors. 36, the Bombay High Court quashed an ICC report and a Pune Industrial Court’s judgment against a male bank employee in a case of sexual harassment, stating that the report was ambiguous and baseless.

Justice Marne concluded that although the allegations may be considered true, they still did not fit within the category and definition of sexual harassment under the POSH Act. The court determined that the findings by the ICC were not well analysed and dismissed them.

2.1.2 High‐Profile Criminal Cases

(i) Brij Bhushan Sharan Singh37

32 2015 (3) RAJ 383.

33 2015 LLR 1195 (Del. HC).

34 Crim. A. No. 3403 of 2023, 2024 SCC OnLine SC 3193 (India).

35 Now substituted by Bharatiya Nagarik Suraksha Sanhita, No. 45 of 2023, § 396 (India).

36 W.P. No. 17230 of 2024, decided on Mar. 18, 2025 (Bom. H.C.).

37 The Hindu (Nov. 15, 2024), available at- https://www.thehindu.com/news/national/sexual-harassment-caseagainst-brij-bhushan-court-to-record-on-november-26-wrestlers-statement/article68872424.ece, (last visited July 6, 2025).

Seven women wrestlers, including a minor, filed complaints to the police against Singh for molestation and groping them during training camps tournaments. This situation prompted them to take legal action under POCSO. The Delhi High Court framed formal charges against Singh under IPC38 under sections 354, 354A, and 506 of complaints. The Delhi Police filed a report on June 15, 2023, seeking the quashing of the complaint filed by the girl. Her father made a shocking claim during the investigation that he had filed a false report of sexual assault against Singh because he felt the girl had been mistreated. Police advised dropping of the case against Singh under the POCSO Act but filed a case of sexual harassment against him in another case registered by six women wrestlers.

The minor submitted to the judge, who previously held the court hearing currently held in-chamber on August 1, 2023, that she is satisfied with the investigation by the Delhi Police in the case and has no issues with the closure report. Additional Sessions Judge Gomti Manocha stated, “Cancellation accepted. ” (ii) IIT Kanpur Scholar v. ACP Mohsin Khan39 A PhD student at IIT Kanpur accused Khan, who was also pursuing a PhD in criminology at

the institute, of sexual exploitation under the guise of marrying her. Following allegations of having an illicit affair with a woman under false pretences, an FIR was filed against Khan, a 2013-batch Provincial Police Service officer, at Kalyanpur police station. Subsequently, the ACP was dismissed from his position in Collectorganj circle and was reassigned to the DGP headquarters in Lucknow. The matter has been investigated by a Special Investigation Team of five members headed by Additional DCP (Traffic) Archana Singh. Kanpur ACP Mohsin was suspended by the Uttar Pradesh government. This occurred following a report by the Special Investigation Team (SIT), which was then referred to the state government by the Kanpur Police Commissioner. The arrest of ACP Khan had been stayed by the High Court of Allahabad. It was a two-judge bench40 order regarding the petition by Khan.

The state government had also been asked to respond to the high court in the matter.

38 Now substituted by Bharatiya Nyaya Sanhita, No. 45 of 2023, §§ 74, 75, 79 (India).

39 Livemint (Mar. 13, 2025), available at- https://www.livemint.com/news/up-govt-suspends-kanpur-acp-mohsinkhan-accused-of-sexual-harassment-by-iitscholar-11741841099710.html, (last visited July 6, 2025).

40 Justice Arvind Kumar Sangwan and Justice Mohammad Azahar Husain Idrisi

2.1.3 Notable Cases & Institutional Rulings

(i) NIT Bhopal: Flawed ICC Process41 The petitioner, an assistant professor at Maulana Azad National Institute of Technology (NIT) in Bhopal, was terminated after being accused of sexual harassment by students. After investigating the complaints, the Internal Complaints Committee (ICC) ultimately found the petitioner guilty. The petitioner, being aggrieved by the ICC’s outcome, contested the proceedings and claimed that the internal inquiry was conducted contrary to the norms of natural justice, and the procedural lapses involved a denial of the access to present evidence and cross-examine the witnesses. There are some moot points42 raised in this case. First, is the principle of natural justice followed by the ICC during the investigation? Second, have the legal and procedural provisions mandated in the Sexual Harassment Act, 2013 been followed by the ICC?

Third, did the petitioner not receive a fair hearing, which renders the inquiry and the subsequent punishment invalid? Fourth; could the writ petition could be maintained under the Indian Constitution43, notwithstanding the existence of a valid alternative course of remedy under the National Institute of Technology Act, 2007 (NIT Act)? The Court observed that the claims of procedural irregularities and breaches of natural justice were sufficient to be considered by the Court. The Court added that the petitioner cannot be denied the right to seek a writ petition under Article 226 because the provisions for alternative remedies are not compulsory.

The court observed that the ICC did not even follow the minimum legal guidelines enshrined in Sections 9, 10, and 11 of the POSH Act, which included making a complaint within the three-months statutory time limit, giving a petitioner a chance to crossexamine the witnesses, and adhering to the principles of natural justice in the inquiry. The court observed that the ICC report was prepared without allowing the petitioner a chance to interrogate complainants and present evidence, thereby breaching Rule 14 of the CCS Rules. 41 Dr. Kali Charan Sabat v. Union of India, W. P. No. 10021 of 2024 (M. P. HC Jabalpur bench, Nov. 20, 2024) (Dwivedi, J. ). 42 Internal Complaints Committee Can Settle Sexual Harassment Case Before Starting Inquiry: MP HC, SCC Online Blog (Nov. 21, 2024), available at- https://www. scconline.

com/blog/post/2024/11/21/internal-complaintssettle-sexual-harassment-case-before-starting-inquiry-mp-hc-scc-times/,(last visited July 6, 2025).

43 Under Article 226.

The court stated that the investigation and the actions taken were made against the principle of natural justice and the procedures of law. The court granted the writ appeal and disapproved the termination and suspension orders. (ii) Calcutta High Court quashed Sexual Harassment case against female accused: Gender-specific Law44 The Calcutta High Court single Judge bench ruled that the charge of an offence under Section 354A of the IPC 45 was not made out against the petitioner because the sub-sections of the said provision specifically begin with words such as “a man”. (iii) Badlapur School Case In August 2024, Akshay Shinde, the perpetrator, was arrested on charges of sexually assaulting two minor girls at the school toilet in Badlapur, Thanes district, Maharashtra. He was an attendant at the school.

When taken from jail to be questioned, he was arrested, and subsequently, during a shootout with the police, he was killed. The Special Investigation Team (SIT) constituted by the Maharashtra government to investigate the case has submitted its chargesheet. The attendant, the headmaster of the school, and two members of its management were accused under the POCSO Act on their failure to report the sexual assault, as per the provisions of the Act. The HC took suo moto cognizance and rapped the police and the state for not filing the FIR on time, undermining justice, summoning minors, and mishandling the safety of the victim. They constituted a committee of retired judges who will advise on the safety measures and implement POCSO protocols.

Justice Mohite Dere & Justice Gokhale, ordered the Maharashtra state administration to take precautionary measures to install CCTV, recruit attendants, conduct safety committees, implement gender-sensitization education, provide counsellors, and ensure fencing in schools for the next academic year. The HC also ordered the Education Department to conduct a review and ensure the implementation its May 2024 general resolution (GR), which mandates that school authorities will publish safety norms before parents and file compliance reports with the department each quarter.

44 Susmita Pandit v. State of W.B., C.R.R. No. 515 of 2020 (Cal. HC July 26, 2024) (Gupta, J.).

45 Now substituted by Bharatiya Nyaya Sanhita, § 75, No. 45 of 2023.

The accused school sweeper, Akshay Shinde, passed away during a fatal encounter in police custody on September 23, 2024. This led to an inquiry by a magistrate and prompted the HC to issue an order to file an FIR against the participating officers. On January 20, 2025, a judicial inquiry was initiated, finding five officers guilty; the HC ordered a case to be registered against them.

2.2 Legislative initiative to Introduced Law Relating to Sexual Harassment

The legislature had done very good work to get the law enacted on sexual harassment, initiated way back in the year 2000 with the Sexual Harassment of Women at the Workplace (Prevention) Bill, 2000. It put some obligation on the employer to initiate criminal proceedings in case where the act of sexual harassment was considered an offence in IPC46 or under any other law, initiates disciplinary proceedings against the misconduct of any person, and provide grievance channels. A year later, the Prevention of Sexual Abuse of Women at Workplace Bill, 200147, was introduced. It not only defined sexual abuse, but it also provided a minimum punishment of at least six months. The Indian Parliament introduced the Prevention of Sexual Abuse and Harassment of Women and Girls at Workplace Bill, 2002. 48 This was the one that defined sexual harassment at workplace.

The Parliament later enacted that 2007 bill. In 2010, the Ministry of Law and Justice submitted the draft Protection of Women against Sexual Harassment at Workplace Bill, 2010. 49 In a significant step towards gender empowerment and equality, on November 4, 2010, the Cabinet approved for introducing the Protection of Women against Sexual Harassment at Workplace Bill, 2010, in an attempt to offer women (in all sectors) a safe working environment, as well as in organized or unorganized sectors at the workplace. In the Bill 2010, there is a proposal that sexual harassment may be defined in the manner that the Supreme Court stipulated in Vishaka judgement. On December 7, 2010, the 2010 bill was introduced in Lok Sabha and on December 30, 2010 referred to standing committee, which tabled its report on December 8, 2011.

The subsequent draft bill, the Sexual Harassment of Women at Workplace (Prohibition, Prevention, and

46 Now substituted by Bharatiya Nyaya Sanhita, 2023.

47 The Prevention of Sexual Abuse of Women at Workplace Bill, Bill No. VI of 2001.

48 The Prevention of Sexual Abuse and Harassment of Women and Girls at Workplace Bill, Bill No. LXII of 2002.

49 Geetha K.K., Bill on Sexual Harassment Against Women Right, 17 Women’s Link 3 (2012).

Redressal) Bill, 2012, was introduced in the Lok Sabha. The Parliament passed this bill on September 3, 2012 and the President of India gave his assent on April 22, 2013. The Act was not implemented until December 9, 2013.

3. NCRB Data: On Sexual Harassment at workplace

In response to a question in the Rajya Sabha regarding why the annual report on accidents, suicides, and crimes by the National Crime Records Bureau (NCRB) 2023 has not been released, despite data collection beginning in the first year of 2023, the Union Home Ministry stated that “data validation of the 2023 report is at the final stage”. 50 The latest report published by the NCRB is the “Crime in India 2022” report. From 2018 to 2022, in India, there were more than 400 cases of sexual harassment registered at workplace. As of 2022, it reached 419 cases, or approximately 35 per month. This also implies that, on average, there is at least one or more cases filed each day. Himachal Pradesh recorded the highest number of cases of sexual harassment at the workplace, with 97 incidents in 2022. Kerala followed with 83, followed by 46 in Maharashtra and 43 in Karnataka.

Only one case of sexual harassment was reported in West Bengal in 2022. 51

4. Definition of Sexual Harassment

As per section 2(n) of the Sexual Harassment Act, 2013, sexual harassment of women at workplace is described as “any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely; physical contact and advances; or a demand or request for sexual favours; or making sexually coloured remarks; or showing pornography; or any other unwelcome physical, verbal or non-verbal conduct of sexual nature. ”52 Therefore, sexual harassment is an abuse of the personal freedom and liberty. Sexual harassment can also be regarded as a result of a male- dominant society. These actions have completely eroded the confidence of girls and women. 50NCRB Report for 2023 Not Out Yet, Coming Soon, Says Centre, Times of India (Mar. 20, 2025), available athttps://timesofindia. indiatimes. com/india/ncrb-report-for-2023-not-out-yet-coming-soon-sayscentre/articleshow/119227575.

cms, (last visited July 6, 2025). 51 Available at- https://www. ncrb. gov. in/crime-in-india-year wise. html? year=2022&keyword= (last visited July 7, 2025). 52 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, No. 14 of 2013, § 2(n).

4.1 Complaint Mechanism

The feature of 2013 Act, namely Complaint Mechanism, is very important due to its two significant categories of mechanisms that ensure that all working women, regardless of the form of employment, will be provided with legal remedies in case they are sexually harassed at the workplace. In 2013 Act, there are two types of committees which are as follow:

4.1.1 Internal Complaint Committee (ICC)

The statue imposes an obligation on all employers at the workplaces to establish an Internal Complaint Committee for institutions, corporations, and associations. Where there is a possibility that the workplaces are located in different locations, there is also a remedy that a different ICC would be established for each place. Non-constitution of such type of committee is a non-cognizable offence. 53 The aggrieved women have the right to complain to the concerned magistrate. 54 These complaints committees are established to serve a dual purpose: firstly, to investigate each case, and secondly, to spread awareness among all women workers regarding preventive measures and to shape the work environment to be appealing to female employees. 55 In ICC56, a presiding officer will be appointed who will be senior level working women among the employees at the workplace.

Two or more members will be chosen from employees who have good experience in dealing with sexual harassment cases. One member will be from a NGO, who has good knowledge regarding cases of sexual harassment.

4.1.2 Local Complaint Committee (LCC)

The 2013 Act also addresses the processes for the constitution of a Local Complaint Committee (LCC) at the district level to record the complaints at the workplace relating to sexual harassment. The essence of this panel is to provide protection to the women working in the chaotic division with minimal activities and to household experts facing sexual harassment. Any District Magistrate, Additional District Magistrate, Collector or Deputy Collector may be

53 Id. § 27(3).

54 Id, § 27(1).

55 Indira Jaising, Law Relating to Sexual Harassment at Workplace (2d ed. 2004).

56 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, § 4(2) (India).

directed by the appropriate Government to discharge the functions of a District Officer in relation to each District for the exercise of the powers or functions under this Act.57 The district officer is also charged with the responsibility of establishing the LCC at district level. The LCC examines complaints of such nature;58 firstly, against the establishment where the ICC has not been established; secondly, where there are less than 10 workers in the establishment; thirdly, where there is a complaint against the employer himself. The district officer must ensure a nodal officer is designated in all blocks, taluka and tehsil in the rural and tribal areas as well as in each of the ward or municipality in the urban region to entertain grievances and refer them to the appropriate LCC.59

5. Sexual Harassment at Workplace: A Challenge for Women

The position of women has improved in the post-Independence period. Rare phenomena include the superior status that women have reached, with a woman as our Prime Minister and many others taking high responsibilities as political executives, specialists, and educationists. Even in the business world, the reality of their success cannot be ignored. The concept of women’s liberation is not new in India. After independence, some laws have been made to improve women’s condition, but at the same time, they are also facing various problems. Women, who are the sources of love and compassion, have always been exploited by a patriarchal society. The histories and cultures of women reveal the tragedies that speak volumes of the helplessness of women living in poverty, ignorance, and fear of cruelty within Indian culture. The robustness and safety within and outside families are myths.

Women undertake a significant part of the duties and responsibilities of the household but are not truly empowered to participate in decision-making. They are afforded no rights and are expected to perform domestic activities and care of children. Gradually, as time passed, the concept of working woman emerged. Women began to leave the domestic sphere and started to occupy competent roles beyond the domestic framework. The traditional role of a housewife has gradually transformed into the dual and more fulfilling role of a working woman and a housewife. There is no better place than this one as far as the women are concerned, but the new workplace also came in with new problems. Such procedures as amniocentesis rob them of their lives in the womb. At home, they are irritated by their spouses, in-laws etc. ; at the workplace, they are

57 Id. § 5 reads, Notification to District Officer.

58 Id. § 6(1) reads, Constitution and Jurisdiction of Local Complaint Committee.

59 Id. § 6(2).

physically and sexually harassed by businesses and bosses. In fact, women who are not the victims of brutality have found the course of their lives largely affected by the fear of brutality. Women’s freedom in India has been the most dominant topic that continues to worry the world regarding brutalities against women. A woman is a victim even in the industrialized world of globalization and mechanized time. After the Rajasthan incident, the Apex Court of India was given some guidelines in Vishaka’s case60. The Sexual Harassment Act was enacted in 2013, but there are still numerous issues that women face.

6. Effect of Sexual Harassment

Women face a big challenge relating to sexual harassment at the workplace. Sexual Harassment cases impact women in many ways. The following are some of those ways:

6.1 Physical Side Effects

In India, women suffer severe physical, psychological, and social effects of sexual harassment, which are exacerbated in the region by stigma, slow legal processes, and the availability of loopholes in the system. Although the trauma to emotions and the mind is given particular prominence, the physical effects are also evident and medically proven. The following are the most common physical side effects that women may receive as a result of sexual harassment: (i) Stress-Related and Somatic Symptoms The physical symptoms that many survivors experience are often based on psychological trauma, such as constant headaches, fatigue, stomach-aches, backaches, and gastrointestinal issues like irritable bowel syndrome (IBS), sleep disorders, insomnia, nightmares, and hormonal imbalances, which can lead to irregular menstrual periods.

The Indian Journal of Psychiatry has reported that victims of sexual violence often have persistent symptoms of unexplained bodily pain, digestive issues, and reproductive disturbances that are either underdiagnosed or misclassified as general anxiety disorders. 61

60 (1997) 6 SCC 241.

61 Indian Psychiatric Society, Clinical Practice Guidelines on Gender-Based Violence and Mental Healt (2022), available at- https://indianpsychiatricsociety.org/ips-guidelines, (last visited July 11, 2025).

Research has indicated that victims may develop illnesses when the sexual harassment is experienced consistently, especially when it is perpetrated by a manager or when there is sexual coercion involved in the process, or when it occurs persistently in a male-dominated environment. 62 (ii) Physical Injuries Once the harassment becomes physically involved or violent, the victim may sustain injuries, such as bruises, cuts, or abrasions; internal injuries (especially in intimate areas); unwanted pregnancies and sexually transmitted diseases (STD); and forced urinary tract infections (UTIs). The National Family Health Survey (NFHS-5) shows that 3. 1% of women who experienced sexual violence showed signs of physical injury, and 1. 7% sought medical care.

63 (iii) Impact on the Heart and Nervous System Constant harassment and fear may result in hypertension, heart palpitations, migraines, and persistent inflammation due to elevated cortisol levels. Research conducted by WHO South- East Asia shows that the women in the less developed countries, such as in India, face a much higher risk of developing hypertension, stroke, and heart disease when exposed to gender-based violence. 64 (iv) Exacerbation of Pre-existing Medical Conditions Stress related to trauma is intensified: diabetes and hypertension, asthma, autoimmune disorders, migraines, and seizure thresholds. The ICMR has reported the pattern of stressexacerbated illnesses among the women who have a long history of harassment at work or at home. 65

62 R.R. Thacker & S.F. Gohmann, Emotional and Psychological Consequences of Sexual Harassment: A

Descriptive Study, 130 J. Psychol. 429 (1996), cited in D. Crocker & V. Kalembra, The Incidence and Impact of Women’s Experiences of Sexual Harassment in Canadian Workplaces, 36 Can. Rev. Soc. & Anthropol. 541 (1999). 63 International Institute for Population Sciences (IIPS), National Family Health Survey (NFHS-5), 2019–21: India Fact Sheet, available at- https://dhsprogram. com/pubs/pdf/OF43/India_National_Fact_Sheet. pdf, (last visited July 12, 2025). 64 World Health Organization, Violence against Women Prevalence Estimates, 2018 – South-East Asia Region (Mar. 3, 2021), available at- https://www. who. int/publications/i/item/9789240022256, (last visited July 12, 2025). 65 Indian Council of Med. Research, Women’s Health and Stress Disorders in India: A Meta-Analysis 2020– 2021,https://www. icmr. gov. in/icmrobject/custom_data/pdf/annualreports/ICMR_AR_English_2020_21_final.

pd f, (last visited July 12, 2025)..

6.2 Emotional and Psychological Effects

Sexual harassment severely affects not only mental health and emotional state of a woman but also her security. For students, the effects are extremely painful, as it leaves them with a disturbed form of education, instability, and feelings of insecurity, low self-esteem, and lack of concentration, anger, repulsion, stress, and underdeveloped confidence, as well as mistrust of faculty. 66 There are several emotional and psychological effects: (i) Post-Traumatic Stress Disorder (PTSD) All women who have been sexually harassed, particularly on an on-going basis or in a forced setting (e. g. , place of employment, school), face a significant risk of developing PTSD. The symptoms include flashbacks of the harassment, hyper-vigilance (believing in impending danger all the time), avoidance behaviour (quitting jobs and colleges), and loss of emotions.

The Indian Psychiatric Society also indicates that more than 48% of women who are sexually harassed at their workplaces develop a type of trauma-related stress or anxiety disorder. 67 (ii) Guilt, Shame, and Self-Blame Trauma may remain within Indian victims due to cultural reasons: fear of social disapproval, fear of being labelled a profligate woman; compounding factors include familial victimblaming, police victim-blaming, even co-worker scrutiny; and fear of seeking professional help due to embarrassment or perceived inappropriateness. The NCW Annual Report (2022) stated that over 50% of the complainants dropped cases within 3 months due to social pressure and the emotional toll.

68 (iii) Social Withdrawal and Relationship Strain The effects of the trauma on survivors may include the following: wanting to avoid family and friends, losing interest in relationships, feeling distrustful of others, and becoming socially

66 Rohan Collier, Combating Sexual Harassment in the Workplace 12 (Open Univ. Press, Buckingham &

Philadelphia 1995) (citing Durham Univ. Study, 1992).

67 Indian Psychiatric Society, Clinical Practice Guidelines Including Gender-Based Violence (2022),

https://indianpsychiatricsociety.org/wp-content/uploads/2022/10/Compiled-File-CPGs-2022.pdf (last visited July 12, 2025).

68 National Commission for Women, Annual Report 2022–2023: Complaints Received Under the Sexual

Harassment of Women at Workplace (POSH) Act,2013, available athttps://ncwapps.nic.in/pdfReports/AnnualReport2022_2023_Eng.pdf, (last visited July 12, 2025).

isolated. In 2023, a study was carried out by the Tata Institute of Social Sciences (TISS) indicating that 61% of women who had been harassed in towns and metropolitan areas experienced their relationships breaking within one year of the incident.69

6.3 Effect on the Financial Condition of Women

Sexual harassment does not just demean the dignity, or the sanity of a woman but can also hurt her financially. Social stigma, workplace apathy, legal delays, and inadequate institutional protections led to serious economic consequences in India. Some effects are: (i) Uncertainty in the Workplace and Slow Career Development Fear of harassment or failure to seek redress results in the choice not to work in fields with high growth (e. g. , tech, law, media), a refusal to work in industries or shifts that are maledominated, and self-censorship: the failure to apply to leadership positions. The International Labour Organization (ILO) notes that workplace harassment is one of the factors that led to the shrinking female labour force participation, which declined to 24. 8% in 2022.

70 (ii) Financial Insecurity in the Long-run The impacts of sexual harassment may culminate in the following: a missing work history, being blacklisted in the industry, and an inability to secure employment in the future, particularly after a complaint is made in public.

7. Reasons for increasing of Sexual Harassment Cases

Several factors are increasing the occurrence of sexual harassment at workplaces. The shortcomings of 2013 Act are among the biggest reasons for this, as well as most of the women believing that nothing can be done against the sexual harassment. There is no doubt that unawareness of the laws and the ignorance of the 2013 Act also contributes to the increased cases of sexual harassment. Some of the reasons are as follows: 69 Tata Institute of Social Sciences, Urban Women and Harassment: A Sociological Study (Centre for Gender and Development Research 2023). 70 International Labour Organization, Perception and Experiences of Workplace Violence and Harassment: Research Report (2022).

(i) Unawareness of 2013 Act The majority of the women at the workplace are unaware of the remedies offered in the 2013 Act. The failure of employers to inform workers about their rights under the Sexual Harassment Act, 2013, is a defeat of justice; leaving victims in a state of dilemma. According to 2013 Act, the responsibility of all the employers is to provide a safe working environment at the workplace, which shall include protection against contact with other people at the workplace. Through sub-section (1) of Section 4, the law mandates that employer set up an internal complaints committee and clearly display the criminal penalties related to sexual harassment at a conspicuous place. 71 The workplaces where Internal Complaint Committee is not constituted and women who fall in a lurch with sexual harassment have no options to raise a complaint about it are plentiful.

Beyond that, there are workplaces where an internal complaint committee has been formed, but the information about the committee is not provided to the working women. The necessity to guarantee safe working environments to the women is embedded in a way that catalyses a positive impact on their support of the women at the workplace and increases their productivity, thus benefiting the entire country. (ii) Procedure for Complaint of Sexual harassment The complaint procedure is also a matter concerning for women. In Section 9(1) of the 2013 act, it is provided that the ICC or LCC may extend this limitation by a further three months once if satisfied that the circumstances were such that did not enable the women make a complaint within the limitation period. It is an unfortunate and unnecessary provision.

It imposes restrictions on the women, who want to file a complaint of sexual harassment at the workplace, and such types of limitations have not been given in Vishaka or any other judicial pronouncement, but reflected in the 2013 Act. Before an inquiry is started and upon receiving an application in writing from the aggrieved women, Internal Complaint Committee or Local Complaint Committee may even make an attempt at settling the issue and compromising between the complainant and the respondent. 72 Nevertheless, the foundation of such conciliation cannot be based on any monetary settlement. A settlement is a one-way street and 71 Sexual Harassment of Women at Workplace (Prohibition, Prevention and Redressal) Act, 2013, § 19(b).

72 Id, § 10 reads, Conciliation.

after the settlement, the committee will carry no more investigation. (iii) Fear of the Society Many women experienced sexual harassment by their employers but do not want to lodge complaints. Most women fail to report the issue to the relevant authorities because they fear losing their much-needed livelihood, being treated as a stigmatized, or losing their professional position and personal reputation due to the threat of revenge from the harasser. 73 This is the major problem for women, and the harasser takes advantage of it. Most women believe that if they complain about such an incident, a lot of gossip will arise in the society, leaving them with no choice but to quit their jobs. The majority of the families in India believe that if their daughter raises a voice against the harasser, then no one will want to marry her and a lot more.

(iv)Weak Implementation of Laws India has good laws (e. g. , BNS Sec. 75, POSH Act 2013, and POCSO), but the implementation is weak. Police tend to treat complaints casually, ICCs are often biased, ineffective, and most employers fail to adhere to the required standards of mandatory reporting and filing complaints. The National Commission for Women received over 1,100 complaints related to POSH, out of which only less than 25 were acted upon or redressed. 74 There are mandatory guidelines issued by the Apex Court known as the Vishaka Guidelines for preventing sexual harassment at the workplace, and these hold the employers liable of ensuring a safe working condition to the women; yet, this is the under the table statement or matter to most women and employers.

75 In a latest incident, a student of one of the prominent government colleges in Balasore, Odisha, has been died after she had burned herself on campus accusing a senior faculty member of sexual harassment and lack of action by the college authorities. 76 The matter has come into the knowledge of National Human Rights Commission and National Commission for Women. The 73 Gov’t of India, Ministry of Women & Child Dev. , Handbook on Sexual Harassment of Women at Workplace (Nov. 2015). 74 National Commission for Women, Annual Complaint Statistics under the POSH Act, 2022–23, available athttps://ncwapps. nic. in/pdfReports/AnnualReport2022_2023_Eng. pdf, (last visited July 12, 2025). 75 Neetu Raymond, Sexual Harassment at Work, Combat L. , Vol. 2, No. 3, Aug. -Sept. 2003, available athttp://hrln. org/admin/issue/subpdf/Sexual_Harrassment_at_Workplace. pdf, (last visited July 12, 2025).

76 The Hindu (July 15, 2025), available at- https://www. thehindu. com/news/national/odisha/odisha-student-selfimmolation-sexual-harassment-balasore-student-case-timeline/article69813780. ece, (last visited July 12, 2025).

case is under investigation, which is being investigated separately by Crime against Women and Children Wing of Odisha Crime Branch.

8. Conclusion

Even Indian courts untill mid-1990s did not view the concept of sexual harassment in that light. Some notable exceptions existed. The Vishaka v. State of Rajasthan was the first case in which the Supreme Court stated that obscene behaviour at the workplace amounts to a violation of human rights of women. 77 This 2013 Act on sexual harassment was brought into effect on the December 9, 2013. The mandatory aspect of 2013 act lies in the fact that it establishes two types of instruments, which, in this way , ensures that all working women, will receive a cure in law in sexual harassment cases at the workplace. The act has few lacunas. The grievance methodology is not such a valid and rational approach. The process of appeasement as mentioned in Section 10 of the Sexual Harassment Act, 2013, will be available only after the dissension.

In the unlikely event that conciliation succeeds, the resolution will be registered by the ICC, and the case will be closed without any subsequent demand. CEDAW78 has described sexual harassment of women at work place as evidently a sign of meanness with women; it is illogical that women who are affected by such incidents should ever be called upon to organize. The other weakness of the act is that the crimes which are included under the act are noncognizable crimes. If, the traumatized women choose not to file a criminal case, neither the police nor the court initiates action suo-moto. In most cases, sexual harassment is not reported due to various reasons, including threats, the risk of job loss, or social humiliation. Society has the responsibility and moral obligation to address the incident with honour and resist it.

Acceptance of sexual harassment would amount to a failure to uphold the dignity and freedom to which all women are entitled. What needs to be done is for employers to be made aware of the fears, compulsions, and pressures faced by women workers. Women’s rights activists need to be actively involved in persuading the victim before the police and in filing a criminal complaint against the accused man. Legal awareness must be used developed among women employees and domestic workers regarding the distinction between the offence of sexual assault, which is classified as rape 77 Paramita Chaudhuri, Sexual Harassment in the Workplace- Experience of Women in Health Sector (2006), available at – www. popcouncil. org/pdfs/wp/India_HPIF/001. pdf. , (last visited July 12, 2025).

78 Convention on the Elimination of All Forms of Discrimination against Women.

according to the BNS, and that of sexual harassment under the Sexual Harassment Act, 2013, which is of lesser degree and non-cognizable offence. There is no doubt that this act indeed benefits the women, allowing them to be heard through their silent voice regarding their rights and against the persecution that they faced for decades. Only when the government takes the initiative to fill the lacuna and acknowledge the ambiguities in some of the above provisions will the objective enshrined in the Act come into fruitful existence.