What Is Sexual Harassment at the Workplace? Section 2 (n) Of POSH Act Explained

This article is written by Atishay Jain, a former UPSC aspirant and a core member of the ApniLaw team. With a keen interest in public law and workplace rights, he brings clarity to complex legal topics like the POSH Act. For any personal queries or suggestions, feel free to reach out to us through our official channel.

What Is The POSH Act, 2013?

The POSH Act, 2013 ensures safety for women at the workplace. It lays down strict rules and procedures to prevent and address sexual harassment.

1. Mandatory Anti-Harassment Policies. Every workplace with 10 or more employees must set up an Internal Complaints Committee (ICC). Employers must clearly communicate their anti-harassment policy to all staff.
2. Wide Workplace Coverage. The law applies to all types of workplaces. It includes private offices, government institutions, schools, remote work, and field locations. It protects interns, freelancers, and visitors too.
3. Confidentiality and No Retaliation. The Act guarantees that complaints stay confidential. It also bans punishment or retaliation against the complainant or witnesses.
4. Quick Complaint Process. The ICC must handle complaints within a set time. Employers must also conduct regular POSH training and awareness programs.
5. Legal Action and Compensation. If found guilty, the harasser can face disciplinary action, termination, or wage deduction. Victims may get compensation.
6. Help for Small Offices. For firms with fewer than 10 staff or in unorganised sectors, a Local Complaints Committee (LCC) helps with complaints.

What Is Section 2 (n) Under POSH Act?

Sexual harassment includes one or more of the following unwelcome actions, whether direct or implied:

1. Making physical contact or advances.
2. Demanding or requesting sexual favours.
3. Using sexually coloured remarks.
4. Showing pornography to someone.
5. Engaging in any unwelcome conduct, physical, verbal, or non-verbal, of a sexual nature.

What Are The Examples of Sexual Harassment in the Workplace?

Sexual harassment can happen in many ways at work. Here are real-life examples that show what it looks like:

1. Unwanted Physical Contact. Touching someone without consent is harassment. A customer at a café pinched a server as she walked by. This is not acceptable.
2. Sexual Comments and Jokes. Making sexual jokes or asking private questions is harassment. A worker was repeatedly asked about his sex life during breaks. This made her uncomfortable.
3. Requests for Sexual Favours. Demanding sexual favours for promotions or job security is a serious offence. A boss hinted that an employee would miss a promotion unless she agreed to his advances.
4. Sending Explicit Images or Messages. Sharing sexual content through email or messages is harassment. A manager sent a sexually explicit image to a colleague, causing distress.
5. Persistent Unwanted Advances. Continuing to ask someone out after they say no is harassment. A co-worker waited outside another’s home after being rejected multiple times.
6. Sexual Gestures or Noises. Making lewd gestures or sounds is also harassment. A male colleague made sucking noises toward a female employee. She resigned due to emotional distress.
7. Spreading Sexual Rumours. Spreading false or inappropriate sexual rumours harms reputations. This is a form of non-verbal harassment.

Conclusion

The POSH Act plays a vital role in protecting women from sexual harassment at work. It ensures every employee feels safe, respected, and heard. By setting up clear policies, complaint mechanisms, and penalties, the law promotes a zero-tolerance approach. Employers must stay compliant, conduct regular training, and empower women to speak up. A safe workplace is not just a legal need, it’s essential for productivity, trust, and growth.