The employers is supposed to organize awareness programmes on sexual harassment and the Act.

Sexual Harassment At Workplace: All You Need To Know What counts as sexual harassment What is a workplace BOOM answers key questions in the context of the current MeToo movement in India.

SnehaAlexander By - Sneha Loading.

Oct 2018 2:09 PM GMT Actor Tanushree Duttas account of sexual harassment by actor Nana Patekar ten years back has opened a flood gate of MeToo accounts from the media and film industry.

Several journalists and actors are taking forward the MeToo campaign in India and has put at spot several bigwigs including Minister M J Akbar, director Vikas Bahl and comedians Gursimram Khamba and Utsav Chakravarty.

In the light of the recent accounts of sexual harassment at workplace, BOOM looks at the purview of the law in terms of addressing the issue.

What are the legal provisions to address sexual harassment at workplace in India Cases of sexual harassment at workplace fall under the purview of The Sexual Harassment Of Women At Workplace (Prevention, Prohibition And Redressal) Act, 2013 commonly known as the Prevention of Sexual Harassment at Workplace Act (POSH at Work).

Prior to this, it was the Vishaka Guidelines formulated in 1997 that dealt with sexual harassment at workplace.

The POSH 2013 Act was derived from the Vishakha Guidelines and in fact takes it a step further by broadening the scope of the law.

Vishaka Guidelines was the countrys first legal reference to sexual harassment and the first time sexual harassment at workplace was acknowledged as a human rights violence by the Supreme Court.

The legally binding guidelines were issued in a landmark judgement of the Vishaka vs.

State of Rajasthan.

The case was based on a PIL filed by Vishaka and other women groups against the gang rape of Bhanwari Devi who was working with the state of Rajasthan to prevent child marriages.

Though she informed the authorities about this, no action was taken.

Later she was raped as revenge for stopping the marriage of a 1-year old in the village.

Before 1997, there was no legal provision to deal specifically with sexual harassment at workplace.

The criminal amendment act 2013 changed the punishment to 1 to 5 years and is liable to a fine.

What is considered sexual harassment What kind of conduct fall under the purview of the POSH Act The definition brings under purview, both overt and covert sexual harassment faced by female co-workers.

Sexual harassment includes any one or more of the following unwelcome acts or behavior (whether directly or by implication) namely: (i) physical contact and advances; or (ii) a demand or request for sexual favours; or (iii) making sexually coloured remarks; or (iv) showing pornography; or (v) any other unwelcome physical, verbal or non-verbal conduct of sexual nature; The Act recognizes that sexual harassment can happen in a matrix of power.

Some examples listed in the Handbook On Sexual Harassment of Women at Workplace by the Ministry of Child and Women Development are as below.

The Act defines workplaces as Any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer for undertaking such a journey.

For example, for a house-maid the workplace will be the house she is employed at, or if an employee is travelling on duty, the vehicle becomes the workplace.

Who is protected under the Act Any woman associated with a workplace - working or visiting - is protected under the Act.

It includes employees who are regular, on contract basis, volunteers, trainee and even women who are not employed with the organization but visiting the workplace.

Screenshot from WCDs Handbook on Sexual Harassment at Workplace What is the role of the employer The employer is responsible to create a safe and sound environment for women at the workplace by preventing and redressing any such incidents.

Section 354A Ipc