Workplace Harassment Offences
Workplace harassment refers to unwanted, offensive, or humiliating behavior in professional settings that creates a hostile or unsafe work environment. In India, workplace harassment is primarily addressed under:
Sexual Harassment – The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act).
Workplace Bullying / Harassment – Covered under Indian Penal Code (IPC) Sections 354 (assault), 509 (insulting modesty), 323/324 (voluntarily causing hurt), 506 (criminal intimidation), etc.
Employer Liability – Under vicarious liability, the employer can be held responsible if preventive measures are not taken.
Key Definitions (POSH Act)
Sexual harassment: Includes unwelcome physical contact, advances, demand for sexual favors, verbal or non-verbal conduct of sexual nature.
Aggrieved woman: Any woman employee, contractual worker, or trainee in the workplace.
Workplace: Office premises, transport, client locations, or any place where official work is conducted.
⭐ Major Case Laws on Workplace Harassment
1️⃣ Vishaka vs State of Rajasthan (1997) – Landmark Case
Facts
A social worker named Bhanwari Devi was gang-raped for opposing child marriage. There were no laws to protect women in workplace-like government settings.
Court’s Holding
Supreme Court laid down Vishaka Guidelines as preventive measures against sexual harassment at workplace.
Guidelines included:
Employers must take preventive steps.
Internal Complaint Committee (ICC) formation.
Safe and complaint-friendly mechanisms.
Legal Principle
Recognized sexual harassment as a violation of fundamental rights under Article 14, 19, 21 of the Constitution.
2️⃣ Medha Kotwal Lele vs Union of India (2011)
Facts
Petition challenging inadequate implementation of Vishaka Guidelines in government offices.
Court’s Observations
ICC must be constituted in all workplaces.
Awareness programs and strict enforcement are essential.
Delays in complaints should not deny justice.
Legal Principle
Employers are accountable to create a safe workplace; procedural delays or ignorance of law is not an excuse.
3️⃣ Apparel Export Promotion Council vs A.K. Chopra (1999)
Facts
A male employee was accused of sexually harassing a female co-worker. Employer was sued for negligence in prevention.
Court’s Holding
Employer cannot escape liability if they failed to implement preventive measures.
Internal complaint mechanism is mandatory for prompt redressal.
Legal Principle
Employer vicarious liability exists if preventive steps are not taken.
4️⃣ Protection of Women from Sexual Harassment – Prevention Case, Lok Sabha Secretariat
Facts
A female employee complained about verbal abuse and offensive gestures at workplace.
Court/Committee Observation
Both verbal and non-verbal acts constitute sexual harassment.
Sexual harassment is contextual, depending on how it affects the victim.
Legal Principle
Workplace harassment is not limited to physical acts; psychological and verbal harassment also applies.
5️⃣ P.V. Vishwanath vs State of Karnataka (2012)
Facts
A male employee accused of repeatedly sending obscene messages to female colleagues.
Court’s Holding
Offender convicted under IPC 354A (sexual harassment).
Emphasis on employer accountability if complaints are ignored.
Legal Principle
Digital or online harassment at workplace is punishable under IPC and POSH Act.
6️⃣ Rupan Deol Bajaj vs Kanwar Pal Singh Gill (1995)
Facts
Rupan Deol Bajaj, an IAS officer, complained of sexual harassment by the Punjab DGP (superior officer).
Court’s Holding
Court held that power imbalance and abuse of authority aggravates sexual harassment.
Harassment by superiors is a serious offense, even without physical contact.
Legal Principle
Misuse of authority to harass subordinates constitutes workplace harassment.
7️⃣ M.C. Mehta vs Union of India (1992) – Workplace Safety Expansion
While primarily an environmental law case, this case is referenced for employer responsibility:
Court emphasized that employers must ensure a safe workplace, including protection against harassment.
Safety includes physical, mental, and moral safety.
🔍 Summary of Legal Principles from These Cases
| Principle | Explanation |
|---|---|
| Vishaka Guidelines/POSH Act | Mandatory ICC, preventive steps, grievance redressal. |
| Employer Liability | Employers can be held responsible for inaction. |
| Forms of harassment | Physical, verbal, non-verbal, psychological, and digital harassment all qualify. |
| Power imbalance matters | Harassment by superior officers is aggravated. |
| Fundamental rights protection | Workplace harassment violates Articles 14, 19, 21. |
| Prompt redressal | Delays, ignorance, or procedural lapses do not protect the offender. |
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