Sexual harassment at workplace remains a highly sensitive issue despite the POSH Act of 2013 establishing clear guidelines. A look at the judicial interpretation being adopted by courts in cases related to sexual harassment at the workplace
India’s law on prevention of sexual harassment of women at workplace was enacted in 2013, much before the #MeToo movement. This law was widely applauded by the employee community as the need of the hour and now that it is nearing its fifth anniversary, the courts in India have started interpreting the provisions of the law keeping in mind the broader objectives that it seeks to achieve.
Being the first of its kind, the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) led to an increased awareness on the do’s and don’ts in terms of workplace conduct. The media also played a critical role in spreading awareness besides bringing into limelight several startling incidents of sexual harassment at the workplace. However, despite the awareness and the measures being taken by the government to ensure effective implementation of the law, sexual harassment at workplace remains a highly sensitive issue. From running a reputational risk to huge legal troubles, the road is not easy for employers who are slapped with sexual harassment cases.
This article seeks to provide in-house counsels and HR practitioners due perspective on the judicial interpretation being adopted by the courts in such matters.
What is ‘sexual harassment’?
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