Sexual harassment is not about sexual misconduct as much as it is about abuse of power. Two consenting adults can engage in any relationship but translate that into a work environment and it becomes impossible to deal with the repercussions and sensitivities for those involved and those not involved. Workplace sexual harassment is a form of gender discrimination which violates a woman’s fundamental right to equality and right to life, guaranteed under the Constitution of India and is criminalised outside of work context through several provisions of the Indian Penal Code.
Workplace sexual harassment not only creates an insecure and hostile working environment for women but also impedes their ability to perform and be part of the labour force in equal measure in a competitive work environment of today. The POSH Act was enacted as a comprehensive legislation to provide a safe, secure and enabling environment, free from sexual harassment to every worker.
Pursuant thereto, in India, a certain level of sensitivity has crept in over the last decade or so as regards...