C ONT EN TS

ABSTRACT ...............................................................................................................................................................
iiACKNOWLEDGEMENTS ..........................................................................................................................................
iiiCONTENTS .............................................................................................................................................................
iv1. INTRODUCTION ..............................................................................................................................................  12. UNDERSTANDING SEXU
AL HARASSMENT ...................................................................................................... 22.1. DEFINITION ................................................................
............................................................................ 22.2. CAUSES ........................................................................................................................................
.......... 32.3. TYPES OF HARASSERS ............................................................................................................................  52.4. TYPICAL VICTIMS 
...................................................................................................................................  62.5. CONSEQUENCES ...............................................................
..................................................................... 72.6. CURRENT LEGAL SCENARIO RELATED TO SEXUAL HARASSMENT AT THE WORK
PLACE IN INDIA ......... 8
The Protection of Women against Sexual Harassment at Workplace Bill, 2010 ..................................................................................... 8
 
Some Salient Features of the bill: ........................................................................................................................................................... 9
 
Criticism of the bill: ............................................................................................................................................................................... 10
 3. STUDY OF EXISTING LITERATURE .................................................................................................................  123.1. SUMMARIES OF S
OME OF THE REVIEWED PAPERS AND CASE STUDIES............................................. 124. CONCLUSIONS FROM STUDY OF EXIS
TING LITERATURE .............................................................................. 294.1. Relating Sexual Harassment with Bullying, Power Abuse an
d Organisational Violation. The VariousForms of its Existence and Its
Incidence: .........................................................................................................
294.2. Characteristic Features of Sexual Harassment Occurrence: ............................................................... 304.3. Experiences of Sex
ual Harassment: Perceptions, Effects and Coping Strategies at Personal andOrganisational
level: .........................................................................................................................................
304.4. Prevention and Intervention of Sexual Harassment ........................................................................... 315. RESEARCH METHODOL
OGY: SURVEY ........................................................................................................... 335.1. QUESTIONNAIRE .......................................................
.......................................................................... 335.2. DATA COLLECTION: RESPONSES TO QUESTIONNAIRE .........................................
............................... 38
Profile of the respondents: ................................................................................................................................................................... 38
 
Awareness towards Sexual Harassment: .............................................................................................................................................. 39
 
Sexually Harassed Respondents ........................................................................................................................................................... 40
 
Seeking Redress .................................................................................................................................................................................... 42
 6. DATA ANALYSIS ............................................................................................................................................  447. MEASURES TO BE TAKE
N .............................................................................................................................  478. END NOTES AND FUTURE RESEARCH ..........................
................................................................................. 519. BIBLIOGRAPHY ......................................................................................................................
....................... 52

1.
 
IN TRO DU CT ION
Of all the forms that violence against women can assume, sexual harassment is the most ubiquitousand insidious; all the more so
because it is deemed 'normal' behaviour and not an assault on thefemale entity. It affects women in all settings whether public
or private and has psychological,medical, social, political, legal and economic implications. Instances of sexual harassment should
notbe viewed as isolated incidents; rather they should be construed as a gendered aggression againstthe rights and dignity of
women. The fact the extremely harmful effects of Sexual Harassment arevisible globally discounts any effort to view it with
less gravity than it deserves.In India, it has been only six years since sexual harassment was for the first time recognised by
TheSupreme Court as human rights violation and gender based systemic discrimination that affects
women’s Right to Life and Livelihood. The Court defined sexu
al harassment very clearly as well asprovided guidelines for employers to redress and prevent sexual harassment at
workplace.While the Apex Court has given mandatory guidelines, known as Vishaka Guidelines, for resolutionand prevention of
sexual harassment enjoining employers by holding them responsible for providingsafe work environment for women, the issue
still remains under carpets for most women andemployers.Vishaka guidelines apply to both organized and unorganized work
sectors and to all women whetherworking part time, on contract or in voluntary/honorary capacity. The guidelines are a
broadframework which put a lot of emphasis on prevention and within which all appropriate preventivemeasures can be adapted.
One very important preventive measure is to adopt a sexual harassmentpolicy, which expressly prohibits sexual harassment at
work place and provides effective grievanceprocedure, which has provisions clearly laid down for prevention and for training the
personnel at alllevels of employment.
As India’s economy continues to grow, helping millions of people live better and healthier lives, one
could be forgiven for thinking that the old problems that affected our parents and grandparentsgenerations are being left
behind. You would expect to find this to be especially true in the modernand dynamic workplaces of call centers and IT parks
that are employing millions and helping driveIndian economic growth. Unfortunately, while we have new industries and economic
progress, oldproblems have yet to be left behind.
Sexual harassment has been found to be rife within India’s modern work places. A study released
last year, of 600 female employees working in IT and BPO industries and the first of its kind, foundthat 88% of women were
subject to sexual har

Sexual harassment is a common problem affecting all women in this world irrespective of the
profession that they are in, but legal system is sleeping and so they fail in providing them
security. It’s not all, women living in those countries having developed legal system faces other
problems like being fired out of work, ridiculed, societal pressure or promises of desired
promotion, etc. that makes them left with no words. Sexual harassment is about male dominance
over women and it is used to remind women that they are weaker than man. In a society where
violence against women is posed just to show the patriarchal value operating in society, these
values of men pose the greatest challenge in curbing sexual harassment. Studies have shown
that 1 out of every 3 working women are touched by sexual harassment.

Every country is facing this problem today. No female worker is safe and the sense of security is
lacking in them. There are certain developments in laws of many countries to protect women
workers from sexual harassment. During 2007 alone, the U.S. Equal Employment Opportunity
Commission and related state agencies received 12,510 new charges of sexual harassment on
the job.

Sexual harassment is rooted in cultural practices and is exacerbated by power relations at the
workplace. Unless there is enough emphasis on sensitization at the workplace, legal changes
are hardly likely to be successful. Workplaces need to frame their own comprehensive policies
on how they will deal with sexual harassment. Instead of cobbling together committees at the
court’s intervention, a system and a route of redress should already be in place.

Sexual harassment includes such unwelcome sexually determined behavior (whether

directly or by implication) as:
a) Physical contact and advances;
b) A demand or request for sexual favors;
c) Sexually colored remarks;
d) Showing pornography;
e) Any other unwelcome physical verbal or non-verbal conduct of sexual nature.

India is a democratic country. All citizens have the fundamental right to live with dignity under
article 21 of the constitution of India. But there is no law specifically dealing with sexual
harassment. Laws are not able to provide justice to the victims. There are various cases brought
before the supreme court of India but all cases were not successful in laying down new laws for
sexual harassment. In 1997, Supreme court tried to lay down guideline in Vishakha’s case
.These guideline were somewhat successful because in this case supreme court argued that
there is a need for separate laws but it was not given the required attention.

Sexual harassment: the law

According to the law in India, sexual harassment violates the women’s fundamental right of
gender equality and life with dignity under article 14 and article 21 respectively. Although there
are no specific laws for curbing sexual harassment at the workplace in India but certain
provisions are there in other legislation like Indian Penal Code, which provides protection against
women’s sexual harassments such as in IPC:

· Section 294 deals with obscene acts and songs at public place.

· Section 354 deals with assault or criminal force against women.

· Section 376 deals with rape.

· Section 510 deals with uttering words or making gestures which outrages a women’s modesty.

There is another act passed by legislature for protecting women’s interest namely, Indecent
Representation of Women, Act (1997). This act has not been used in cases of sexual
harassment but there are certain provisions in this act which can be used in 2 ways:

1) If a person harasses another by showing books, photographs, paintings, films,etc. containing

indecent representation of women than he will be liable with minimum 2yrs. imprisonment.

2) Section 7 of this act punishes companies, if there is indecent representation of women like
showing pornography.

The harassed women can also go to civil courts for tortious actions like mental anguish, physical
harassment, loss of income in employment of victim, etc.

Sexual harassment can be distinguished on two basis, one of them is quid pro quo in which a
woman gets sexually harassed in exchange of work benefits and sexual favours this also lead to
some retaliatory actions such as demotion and making her work in difficult conditions. Another is
‘hostile working environment’ which imposes a duty on employer to provide the women worker
with positive working environment and prohibits sexist graffiti, sexual remarks showing
pornography and brushing against women employees.

Sexual Harassment: Case laws in India

There are various cases which had come before the courts in India and the judgment in most of
the cases has motivated women to register more complaints as compared to earlier:
1) Apparel Export Promotion Council v. A.K Chopra
The Supreme Court in this case declared that sexual harassment is gender discrimination
against women and also said that any act or attempt of molestation by a superior will constitute
sexual harassment.

2) Mrs. Rupan Deol Bajaj v. Kanwar Pal Singh Gill

This case has changed the meaning of the terms, modesty and privacy in such a way that, any
kind of harassment or inconvenience done to a women’s private or public life will be considered
as an offence.

3) Vishaka & others Vs. State of Rajasthan & others

In this case Supreme Court laid down the following guidelines which recognized it not only as a
private injury to an individual woman but also as the violation of her fundamental rights. These
guidelines are significant because for the first time sexual harassment is identified as a separate
category of legally prohibited behavior. These are subjected to all workplaces until any other
legislation is passed by parliament in this regard. The guidelines are as follows:

· It is the duty of every employer to deliver a sense of security to every women employee.
· Government should make strict laws and regulations to prohibit sexual harassment.
· Any act of such nature should result in disciplinary actions and criminal proceedings should also
be brought against the wrong doer.
· The organization should have a well set up complaint mechanism for the redressal of the
complaints made by the victim and should be subjected to a reasonable time.
· This complaint mechanism should be in the form of complaint committee which need to be
headed by a women member and at least 50% of the committee members should be women so
that victims do not feel ashamed while communicating their problems. This complaint committee
should also have a third party involvement in the form of NGO or other body which is familiar with
this issue. There is a need of transparency in the functioning of this committee and for that there
is a requirement of submission of annual report to the government.

· Issues relating to sexual harassment should not be a taboo in the workers meeting and should
be discussed positively.
· It is the duty of the organisation to aware the female employees about their rights by regularly
informing them about the new guidelines issued and legislation passed.
· The employer or the person in charge is duty biased to take the necessary and reasonable
steps to provide support to the victim if sexual harassment takes place due to the act or omission
of the third party.
· These guidelines are not limited only to government employers and should also be followed by
employers in private sectors.

4) Medha Kotwal Lele & ors. v. Union of India & Ors

This case helped the Vishakha’s case to implement the guidelines successfully by issuing
notices to all states and the union territories to impart the necessary steps.

Bill to prevent Sexual Harassment:

After few years of the guidelines set by the Supreme Court, the first attempt was made to frame
suitable draft legislation with considerable involvement of and pressure from women’s
organizations. This was called “the protection against sexual harassment of women bill, 2005”.
However, that too gathered dust till it was replaced by “the protection of women against sexual
harassment at workplace bill, 2007” which focused specifically on SH at the workplace, the
reason presumably being that the 2005 bill was too wide ranging and hence difficult to
implement. This 2007 bill was not in the spirit of Vishakha because it defines aggrieved women
as “…any female/persons whether major or minor, who allies that she/they have been subject to
sexual harassment...” This bill is also silent on third party harassment and is emphasizing only on
harassment within the workplace. This bill treats sexual harassment as a civil dispute whereas
the Vishakha guideline has provided criminal proceedings for the same. A recent amendment in
the draft bill is section 12 (1) which states that “if the allegations of sexual harassment are found
to be false, the complainant can be punished for it”. This provision will create a new space for
employers to manipulate the evidence to stand up against the women. It will abstain women from
registering any complaints against the wrongdoer due to the fear that employers can take
negative action against them so this part needs to be deleted.

The suggestions made above can make vishakha guideline to retain their spirit but at the same
time it should also ensure that its scope should not become very extensive and riotous.

Failure in implementing the laws relating to sexual harassment:

As per the vishakha guidelines, it is made compulsory to constitute a complain committee in
every workplace but private companies hardly institute them while the government organizations
just do it on paper. The organizations in which these committee exists face other serious
problems as it is been reported by victims that the committee members do not even have the
clue of their responsibilities, powers and duties and so this rarely lead the victim to get justice.
The attitude of the employer is deep-seated as they have a presumption that this cannot happen
in their organization and so the women’s complaint end up with nothing. People use to make fun
of her and this makes her incapable of getting justice or being heard properly.

Section 354 (on which the ruling in the Mrs. Rupan Deol Bajaj v. Kanwar Pal Singh Gill was
based) and section 509 of IPC is the criminal provision applied in most of the sexual harassment
cases, but yet these provisions have only limited effectiveness. Therefore, we can say that there
is no strong legislative stand against sexual harassment in the workplace.

A number of bills (by the national commission for women, women’s organization and the
government) have been drafted but there is still confusion on what bill would serve the purpose
better. At present, the draft Protection of Women against Sexual Harassment at Workplace, 2007
is pending with the ministry of women and child development. There are certain suggestions
being made by women organizations to make changes in the bill:-

ü To provide for procedural training of members of the complaints committee.

ü To modify provisions of section 11 (no action will be taken if the allegation against the
respondent is not true) and section 12 (if a local committee concludes that the allegation against
the respondent is false, than action will be taken against the complainant) of this bill.

Preventive Measures to Curb Sexual Harassment

Change in attitude of people is a basic requirement for implementing any law in the society for
women. This implementation of laws leads to protection against undesired sexual behavior. The
prevention of sexual harassment should be done at all level of employees and it should be
checked that the women employees get a positive environment. We recommend the following
steps that need to be taken for preventing sexual harassment at workplace.

1. There should be well set up complaint channel which is in direct communication with the
women employee. The women should not feel obscure in complaining about the problems she is
facing during employment at the workplace. The complaint committee should take all such kind
of complaint very seriously and appropriate action must be taken within reasonable time.

2. Women workers’ should not fear in talking about any harassment related to sex and it is their
duty to immediately bring in notice to the complaint committee about any such act.

3. It is the duty of the complaint committee to keep every complaint confidential.

4. Every organisation should conduct sexual harassment awareness training for both the male
and female employees. This mutual learning will help in creating an atmosphere of hostility and
employees will feel comfortable. This training should also include the impacts of sexual
harassment on women.

5. A commitment is required from all the levels of the organisation for the positive implementation
of the policies and procedures made against sexual harassment.

6. Every employee should understand that it is his legal duty to provide every women employee a
sense of security in workplace.

7. He should understand that any kind of harassment on his women employee will result in
detrimental effects on her health, confidence and her potential at work which also results in her
leaving the job.

8. Women should be motivated against sexual harassment and they should be asked to
complaint about it if they think that it is harming them in any manner and they should make them
realize that their complaints will not be subjected to ridicule or any kind of threat.

9. The employer should always be under a fear of any kind of monetary or reputational harm
which can occur if such a kind of activity happens in his company. We also think that there is a
need of formulating a separate anti-sexual harassment policy dealing particularly with this issue.

10. The committee should never be biased in dealing with certain individuals of the organisation.
For example if the accused is a senior executive or partner he should not be excused just for the
sake of his position and strict action should be taken against him.

Conclusion
Sexual harassment at workplace is highly prevalent in India and there is a need to provide a
positive environment to the women workers. Government should make separate laws dealing
with this issue. It should also realize that women worker also constitute a part of working
population in India and it’s the duty of the government to provide them security at work. New
strategies should be made by the employers and managers to protect the organisation from this
evil. Government and employers should ensure that women should be treated equally and
gender discrimination should not take place at the workplace. Effective implementation of the
policies can reduce the manifestation and mutilation of the sexual harassment to the minimum.
One organisation can alter its approach to handle sexual harassment by viewing other
organisations tactic. This will reduce or eliminate glitches caused by this harmful transgression.
Government should understand that separate laws may not bring about equality in gender
relations but a law dealing with sexual harassment would provide women immense support in
their struggle. At last we want to say that women should not accept anything as it is because now
it’s the time to speak out against all the injustice done to them

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

 Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
  Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
  The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
  Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

 Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
 o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
  The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

  Hold the
harasser accountable for his actions. Let people know what he did. Privacy
protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
 should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.

 When one person subjects another person to an unwelcome act of physical

intimacy! contact such as grabbing, brushing, touching, pinching, eve teasing,
etc.
 Makes an unwelcome demand or request directly or by implication for sexual
favors from another person.
 Shows a person any sexually explicit visual material, in the form of
pictures/cartoons/pin-ups/calendars/ screensaver version computers/any
offensive written material / pornographic e-mails, etc. or any other form of
unwelcome conduct of a sexual nature.
 Eve teasing, jokes likely to cause awkwardness or embarrassment,
innuendos, sexist remarks

What is a workplace?

 All offices institutions in public or private sector, Construction site, factory,

educational institutions, etc.. Mine are work places.

What you should do?

 the harasser accountable for his actions. Let people know what he did.
Privacy protects harassers, but visibility undermines them.
 Objecting to harassment is a matter of principle and ones right.
 Don't respond to the harasser's excuses or diversionary tactics.
 Speaking out: Speaking about sexual harassment is an effective tool in
combating it. It mobilizes public opinion against it.
 Report such harassment immediately or as soon as possible to the superior
officer or to the police or seek the assistance of any NGO

Important Court Decisions

Vishakha V State of Rajasthan & Ors AIR 1997 SC 3011

 Duty of the Employer or other responsible persons in work places and

other institutions to prevent or deter the commission of acts of sexual
harassment and to provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
 All employers or persons in charge of work place whether in the public
or private sector should take appropriate steps to prevent sexual
harassment including the following:
o Express prohibition of sexual harassment at the work place should be
notified, published and circulated in appropriate ways.
o The Rules/Regulations of Government and Public Sector bodies
relating to conduct and discipline should include rules/regulations
prohibiting sexual harassment and provide for appropriate penalties in
such rules against the offender.
o As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
o Appropriate work conditions should be provided in respect of work.
Leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work places and no employee woman
should have reasonable grounds to believe that she is disadvantaged
in connection with her employment.
 Criminal Proceedings: Where such conduct amounts to a specific offence
under the Indian Penal Code or under any other law, the employer shall
initiate appropriate action in accordance with law by making a complaint with
the appropriate authority. In particular, it should ensure that victims or
witnesses are not victimized or discriminated against while dealing with
complaints of sexual harassment. The victims of sexual harassment should
have the option to seek transfer of the perpetrator or their own transfer.
 Disciplinary Action: Where such conduct amounts to misconduct in
employment as defined by the relevant service rules, appropriate disciplinary
action should be initiated by the employer in accordance with those rules.
 Complaint Mechanism: Whether or not such conduct constitutions an
offence under law or a breach of the service rules, an appropriate complaint
mechanism should be created in the employer is organization for redress of
the complaint made by the victim. Such complaint mechanism should ensure
time bound treatment of complaints.
 Complaints Committee: The complaint mechanism, referred to in (6) above,
should be adequate to provide, where necessary. Complaints Committee, a
special counsellor or other support service, including the maintenance of
confidentiality.
 The Complaints Committee should be headed by a woman and not less than
half of its member should be women. Further, to prevent the possibility of any
undue pressure or influence from senior levels, such Complaints Committee
should involve a third party, either NGO or other body who is familiar with the
issue of sexual harassment.
 Workers' Initiative: Employees should be allowed to raise issues sexual
harassment at workers' meeting and in other appropriate forum and it should
be affirmatively discussed in Employer – Employee Meetings.
 Awareness: Awareness of the rights of female employees in this regard
should be created in particular by prominently notifying the guidelines (and
appropriate legislation when enacted on the subject) in a suitable manner.
 Third Party Harassment: Where sexual harassment occurs as a result of an
act or omission by any third party or outsider, the employer and person in
 charge will take all steps necessary and reasonable to assist the affected
person in terms of support and preventive action.
 The Central State Governments were requested to consider adopting suitable
measures including legislation to ensure that the guidelines laid down by this
order are also observed by the employers in Private Sector.

Apparel Export Promotion Council y. A.K. Chopra, AIR 1999 SC 625

The respondent was working as a Private Secretary to the Chairman of the Apparel
Export Promotion Council. It was alleged that on 12.8. 1988, he tried to molest a woman
employee of the Council Miss X (name withheld by us) who was at the relevant, time
working as a Clerk-cum- Typist. She was not competent or trained to take dictations.
The respondent tried to sit close to her and touch her despite her objections and
repeated his overtures. Miss X told the respondent that she would "leave the place if he
continued to behave like that". The respondent did not stop. Though he went out from
the Business Centre for a while, he again came back and resumed his objectionable
acts. The respondent had tried to molest her physically in the lift also while coming to the
basement but she saved herself by pressing the emergency button, which made the
door of the lift to open.

Held that sexual harassment is a form of sex discrimination projected through

unwelcome sexual advances, request for sexual favours and other verbal or physical
conduct with sexual overtones, whether directly or by implication, particularly when
submission to or rejection of such a conduct by the female employee was capable of
being used for effecting the employment of the female employee and unreasonably
interfering with her work performance and had the effect of creating an intimidating or
hostile working environment for her.