Sexual Harassment at Workplace is any unwelcome act or behaviour of a sexual nature, whether directly or by implication, including physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, or any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. Under Indian law, it is defined in Section 2(n) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), and constitutes a violation of the fundamental rights guaranteed under Articles 14, 15, 19, and 21 of the Constitution.
Legal definition
The POSH Act, 2013 provides a comprehensive statutory definition:
Section 2(n): "Sexual harassment" includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication) namely: (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Section 3 further specifies that the following circumstances, if connected with any act of sexual harassment, may amount to sexual harassment: (i) implied or explicit promise of preferential treatment; (ii) implied or explicit threat of detrimental treatment; (iii) implied or explicit threat about present or future employment status; (iv) interference with work or creating an intimidating, hostile, or offensive work environment; (v) humiliating treatment likely to affect health or safety.
The Act defines "workplace" broadly under Section 2(o) to include government bodies, private sector organisations, hospitals, sports institutions, and any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer.
How courts have interpreted this term
Vishaka v. State of Rajasthan [(1997) 6 SCC 241]
In this watershed decision, the Supreme Court laid down the "Vishaka Guidelines" for the prevention and redressal of sexual harassment at the workplace, which remained binding law until the enactment of the POSH Act in 2013. The case arose from the gang-rape of Bhanwari Devi, a social worker, as reprisal for her efforts to prevent child marriage. The Court recognised workplace sexual harassment as a violation of Articles 14, 15, 19(1)(g), and 21 of the Constitution and mandated the establishment of complaints committees in every workplace.
Apparel Export Promotion Council v. A.K. Chopra [(1999) 1 SCC 759]
The Supreme Court upheld the dismissal of a senior officer for attempting to molest a subordinate, holding that sexual harassment at the workplace is a form of gender-based discrimination that undermines equality and dignity. The Court held that even a single act of unwelcome sexual conduct can constitute sexual harassment and emphasised that courts must adopt a perspective sensitive to the experience of the woman complainant.
Medha Kotwal Lele v. Union of India [(2013) 1 SCC 297]
The Supreme Court directed that the Vishaka Guidelines be treated as binding law and issued supplementary directions for their effective implementation, including the requirement that non-compliance by employers be treated as a violation of the guidelines. This decision accelerated the enactment of the POSH Act later that year.
Why this matters
Sexual harassment at the workplace is a pervasive issue that affects women across all sectors and employment levels in India. The POSH Act, 2013 provides a comprehensive statutory framework that goes beyond criminal law (Section 354A IPC / Section 75 BNS) by creating a civil remedy through the Internal Complaints Committee (ICC) mechanism, with the power to recommend transfer, leave, disciplinary action, and compensation.
For employers, compliance with the POSH Act is mandatory. Every establishment employing 10 or more employees must constitute an ICC under Section 4. Failure to constitute an ICC, or failure to act on complaints, exposes the employer to a fine of up to Rs 50,000 for a first offence and cancellation of any licence or registration required for carrying on business for a second or subsequent offence.
For women employees, the Act provides a dignified and time-bound complaint mechanism that does not require filing an FIR or approaching the police. The ICC must complete its inquiry within 90 days, and the employer must act on the committee's recommendations within 60 days. The Act also provides protection against retaliation — no action can be taken against the complainant for filing a complaint in good faith.
Related terms
Specific mechanisms:
Broader protections:
Broader concepts:
Frequently asked questions
Does sexual harassment at workplace apply to men?
The POSH Act, 2013 protects only women employees (the full title refers to "Women at Workplace"). Male employees who face sexual harassment must seek remedies under the Indian Penal Code (Section 354A / Section 75 BNS) or through the organisation's internal policies. The Act defines "aggrieved woman" under Section 2(a) as "a woman, of any age whether employed or not."
Can sexual harassment occur between employees of different organisations?
Yes. The Supreme Court has held that a complainant can approach the ICC of her own workplace to lodge a complaint against an employee of a different workplace if the harassment occurred in the course of employment. The broad definition of "workplace" under Section 2(o) covers any place visited by the employee arising out of or during the course of employment.
Is a single incident enough to constitute sexual harassment?
Yes. The Supreme Court in A.K. Chopra (1999) held that even a single unwelcome act of a sexual nature can constitute sexual harassment. The Act does not require repeated conduct — the test is whether the act was unwelcome and of a sexual nature as defined in Section 2(n).
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.