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Nyaya Vidhiन्याय विधि · Indian Law, Lucid

Chapter I§1–3

Preliminary

Chapter I is the foundation. Section 1 sets the title and territorial reach. Section 2 carries the long, deliberately broad definitions — every word ('aggrieved woman', 'employee', 'employer', 'workplace', 'sexual harassment', 'unorganised sector') was crafted to extend the Act far beyond the formal sector that the Vishaka guidelines had primarily addressed. Section 3 is the substantive prohibition: no woman shall be subjected to sexual harassment at any workplace, and lists five quid-pro-quo / hostile-environment circumstances that may amount to harassment.

Sections in this chapter

  1. §1

    Section 1

    Short title, extent and commencement

    Section 1 is short and standard. Sub-section (1) names the Act — note the order of the three operational verbs (Prevention → Prohibition → Redressal), which is a deliberate signal of scheme. Sub-section (2) extends the Act to the whole of India without exception (the original text had no J&K carve-out, so the 2019 Reorganisation question never arose). Sub-section (3) left the date open; the Centre notified 9 December 2013 as the commencement date by S.O. 3606(E).

  2. §2

    Section 2

    Definitions

    Section 2 is unusually long because Parliament wanted the Act to reach as far as possible. Three definitions do most of the work. 'Aggrieved woman' (clause (a)) is deliberately wide — any age, whether employed at the workplace or not. So a visitor, a vendor's representative, a job interviewee or a customer can file. For dwelling places, the protection extends to a woman 'employed' at the dwelling — domestic workers covered. 'Employee' (clause (f)) covers regular, temporary, ad-hoc, daily-wage, contracted, co-worker, probationer, trainee, apprentice, intern, volunteer — anyone working at the workplace, with or without remuneration. The 'with or without the knowledge of the principal employer' phrase reaches outsourced workers whose vendor has dispatched them to the employer's premises. 'Sexual harassment' (clause (n)) covers any one or more of five unwelcome acts: physical contact / advances, demand or request for sexual favours, sexually coloured remarks, showing pornography, or 'any other unwelcome physical, verbal or non-verbal conduct of sexual nature' — a residual catch-all. The definition is illustrative, not exhaustive (the word 'includes'). 'Workplace' (clause (o)) extends well beyond the office floor — it covers government and private organisations, NGOs, hospitals, sports institutes, any place visited 'arising out of or during the course of employment' including employer-provided transport, and dwellings. The 'arising out of or during the course of employment' phrase mirrors employees-compensation / industrial-disputes terminology and lets the Act reach off-site events, business trips, client meetings and conferences. 'Employer' (clause (g)) is also wide — for government workplaces, it is the head of the unit; for private workplaces, it is the person responsible for management, supervision and control; for contracted workforce, it is the person discharging the contractual obligations; for domestic workers, it is the household head. So the duties under Section 19 attach across every employment configuration the Act recognises. 'Domestic worker' (clause (e)) and 'unorganised sector' (clause (p)) together direct domestic-worker complaints and small-enterprise (under 10 workers) complaints to the Local Committee under Section 6.

  3. §3

    Section 3

    Prevention of sexual harassment

    Section 3 is the substantive prohibition. Sub-section (1) is the rule: no woman shall be subjected to sexual harassment at any workplace. This is not merely directory; it founds the cause of action under Section 9 and the duty under Section 19. Sub-section (2) lists five non-exhaustive 'circumstances' that, when present, may turn unwelcome conduct into sexual harassment under Section 2(n). The first three are classic quid-pro-quo harassment (preferential treatment, detrimental treatment, threat about future employment). The last two are hostile-environment harassment (interference with work / intimidating-offensive-hostile environment, humiliating treatment affecting health or safety). The word 'circumstances among other circumstances' makes the list non-exhaustive. So an Internal Committee can find harassment in scenarios that don't fit any of the five categories — provided the basic Section 2(n) act is established.

Read the full Act

Sexual Harassment at Workplace (POSH) Act, 2013.pdf

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