Workplace Sexual Harassment Prosecutions
Workplace sexual harassment is treated as a violation of a woman’s fundamental rights under Articles 14, 15, and 21 of the Constitution of India. Prosecutions can occur under:
1. The POSH Act, 2013 (Sexual Harassment of Women at Workplace Act)
Provides for Internal Committee (IC) inquiries and mandatory workplace redressal mechanisms.
Allows civil remedies: compensation, action against the respondent, etc.
If acts also constitute criminal offences, the employer must refer the matter to police under IPC.
2. Indian Penal Code (IPC)
The following provisions can apply:
Section 354A: Sexual harassment (physical contact, demands for sexual favours, showing pornography, or sexually coloured remarks).
Section 354: Outraging modesty.
Section 509: Insulting modesty.
Section 376: Rape, when applicable.
Prosecutions often run parallel: POSH Act inquiry + Criminal case.
Important Case Law and Detailed Explanations (More than 5 cases)
1. Vishaka v. State of Rajasthan (1997)
Significance
The most foundational judgment.
Supreme Court laid down Vishaka Guidelines, the first mandatory framework for dealing with workplace sexual harassment before the POSH Act existed.
Held that sexual harassment violates the fundamental rights of equality, dignity, and the right to work safely.
Facts
A social worker, Bhanwari Devi, was gang-raped for trying to stop child marriage.
The case highlighted the absence of workplace safety laws for women.
Outcome
Supreme Court mandated:
Complaints Committees at workplaces.
Preventive training.
Strict employer responsibility.
The POSH Act, 2013 later incorporated these principles.
2. Medha Kotwal Lele v. Union of India (2012)
Significance
This case monitored the implementation of Vishaka guidelines.
Supreme Court found that many institutions were not complying with workplace sexual harassment rules.
Facts
A women’s rights group reported lack of Complaints Committees and weak enforcement nationwide.
Outcome
Court ordered:
All governments and institutions must strictly implement Vishaka guidelines.
Complaints Committees’ decisions must be enforceable like court orders.
This directly led to pressure for a statutory law → the POSH Act, 2013.
3. Apparel Export Promotion Council v. A.K. Chopra (1999)
Significance
Expanded the meaning of sexual harassment.
Upheld strict employer action even in cases without physical assault.
Facts
A senior officer tried to molest a female employee during a work trip.
The delinquent claimed he did not touch her.
Outcome
Supreme Court held:
Even an attempt to sexually harass or humiliate a woman at workplace is actionable.
Physical contact is not necessary for harassment.
Confirmed employer’s right to dismiss employees for such behaviour.
4. Punjab & Sind Bank v. Durgesh Kuwar (2020, SC)
Significance
Reinforced the authority of Internal Committees under the POSH Act.
Facts
Complaint filed against a bank manager.
Committee found him guilty; he challenged the proceedings.
Outcome
Supreme Court upheld the POSH Act mechanism.
Clarified:
IC has an important statutory role.
Courts should not interfere unless there is clear procedural illegality.
5. Dr. Punita K. Sodhi v. Union of India (2010, Delhi HC)
Significance
Emphasized fairness in inquiries and protection of complainant from retaliation.
Facts
A senior woman doctor alleged sexual harassment by a colleague.
She also alleged harassment due to retaliation after filing the complaint.
Outcome
Court said:
Internal Complaints Committees must be impartial, properly constituted, and follow natural justice.
Retaliation against complainants violates constitutional protections.
6. Shanta Kumar v. Council of Scientific & Industrial Research (CSIR) (2018, Delhi HC)
Significance
Clarified what constitutes “sexual harassment.”
Facts
A woman employee complained of harassment by a senior officer.
The act alleged was not sexual in nature but hostile and humiliating.
Outcome
Court held:
Not every hostile workplace conduct = sexual harassment.
Sexual harassment requires conduct of a sexual nature under POSH Section 2(n).
However, the conduct could still be punishable under service rules.
7. P v. Union of India (2023, SC)
Significance
Strengthened confidentiality and victim protection under POSH Act.
Facts
A woman officer faced sexual harassment from a superior in a government department.
Sensitive information was leaked, causing secondary victimization.
Outcome
Supreme Court emphasized:
Strict confidentiality is mandatory.
Employers must protect complainant from stigma and retaliation.
Sexual harassment cases must be dealt with promptly and sensitively.
8. Rupinder Kaur v. Union of India (2019, CAT)
Significance
Focus on mental harassment and repeated unwanted behaviour.
Facts
A female railway employee alleged repeated unwelcome remarks and intimidation by a supervisor.
Outcome
Tribunal held:
Harassment may occur through patterns of behaviour, not only isolated acts.
Repeated verbal harassment qualifies under Section 354A IPC & POSH Act.
How Prosecutions Work (Step-by-Step)
1. Internal Complaints Committee Inquiry (Mandatory in workplaces with 10+ employees)
Inquiry similar to departmental proceedings.
Must finish in 90 days.
Recommendations may include:
Written apology, warning, suspension, termination.
Compensation to complainant.
2. Criminal Prosecution (if acts constitute IPC offences)
Employer is legally required to help the woman file an FIR if she requests.
Criminal trial proceeds separately in court.
3. Employer Liability
Employer may be penalized for:
Not forming an Internal Committee.
Not taking action on findings.
Not maintaining confidentiality.
Penalty: up to ₹50,000, and repeated violations may lead to license cancellation.
Conclusion
The judicial system in India has treated workplace sexual harassment with increasing seriousness, moving from Vishaka guidelines (1997) to the POSH Act (2013) and a strong body of case law. Courts have consistently emphasized:
Dignity of women at workplace
Employer responsibility
Strict confidentiality
Protection from retaliation
Broad interpretation of sexual harassment
These cases collectively shape the legal understanding and prosecution of workplace sexual harassment in India.
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