Prevention of sexual harassment
(1) No woman shall be subjected to sexual harassment at any workplace.
(2) The following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment:—
(i) implied or explicit promise of preferential treatment in her employment; or
(ii) implied or explicit threat of detrimental treatment in her employment; or
(iii) implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or
(v) humiliating treatment likely to affect her health or safety.
In plain English
What this section actually means
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.
Visual
See how it flows
Old vs new
Quid-pro-quo vs. hostile environment under Section 3(2)
Both flavours are caught — Section 3(2)(i)-(iii) for quid-pro-quo, (iv)-(v) for hostile environment.
- Quid-pro-quo: promise of preferential treatment(i)
- Quid-pro-quo: threat of detrimental treatment(ii)
- Quid-pro-quo: threat about employment status(iii)
- Hostile environment: interference / hostility(iv)
- Hostile environment: humiliation, health / safety(v)
Real life
What this looks like in real life
Manager promises a promotion in exchange for a 'private dinner'
Setup. A manager tells a junior employee that her annual promotion depends on attending a 'private dinner' at his apartment.
What the law does. Section 3(2)(i) — implied promise of preferential treatment in employment. Combined with Section 2(n)(ii) (demand for sexual favours), this is a quid-pro-quo case under Section 3. The Internal Committee proceeds to inquiry under Section 11.
Sexually-coloured remarks in a team WhatsApp group
Setup. A senior team member regularly posts sexually-coloured remarks in the team's WhatsApp group, making the woman team member uncomfortable.
What the law does. Section 2(n)(iii) — sexually coloured remarks. Combined with Section 3(2)(iv) — interference with work and creating a hostile work environment. The Internal Committee can take cognizance even though the harassment occurred in a virtual / digital space, because the WhatsApp group is a 'workplace' extension under Section 2(o)(v).
Landmark cases
How the courts have read this
Vishaka v. State of Rajasthan
Supreme Court of India · 1997 · (1997) 6 SCC 241
Pre-statutory foundation. The Court laid down binding guidelines on sexual harassment at workplace, drawing on CEDAW. Sections 2(n) and 3 of the 2013 Act substantially codify and expand those guidelines.
Apparel Export Promotion Council v. A.K. Chopra
Supreme Court of India · 1999 · (1999) 1 SCC 759
Even an attempt at physical contact, however brief, can amount to sexual harassment. The conduct need not be successful; the unwelcomeness and the intent matter.
Medha Kotwal Lele v. Union of India
Supreme Court of India · 2013 · (2013) 1 SCC 297
The pre-Act decision that prompted Parliament to legislate within months — clarified that Vishaka guidelines bind every workplace, public and private, and that absence of mechanism is no defence.
Frequently asked
Questions about Section 3
Open this section in the source PDF
Sexual Harassment at Workplace (POSH) Act, 2013.pdf
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