Ch. I · §3
Chapter I
Preliminary
Section
Chapter I · Preliminary
Section 3
Prevention of sexual harassment
Temporary structural and explanatory content only; it is not a verbatim reproduction. Complete statutory text and legal commentary will be integrated after separate legal verification.
Plain Language
The Act is not limited to physical acts. Threats to work, humiliation, interference with performance, or career-linked sexual pressure can all fall within scope.
The five listed circumstances are illustrative, not exhaustive — other conduct of a sexual nature can also qualify.
The prohibition is absolute: no woman shall be subjected to sexual harassment at any workplace.
Why It Matters
This section establishes the fundamental right to a harassment-free workplace. It is the substantive foundation on which all other provisions rest.
The broad scope means employers must address hostile-environment risks, not just obvious physical misconduct.
Practical Example
Scenario: A manager repeatedly makes sexual jokes in team meetings, creating discomfort for a female team member who feels unable to speak up.
Outcome: This can constitute sexual harassment under Section 3(iv) — creating an intimidating, offensive or hostile work environment — even without physical contact.
Scenario: A supervisor implies that an employee's promotion depends on agreeing to dinner dates.
Outcome: This falls under Section 3(i) — implied promise of preferential treatment — and constitutes sexual harassment.
Who Must Act
employer
- Train managers on hostile-environment risk, not just obvious misconduct.
- Ensure workplace culture does not tolerate sexual jokes, comments, or pressure.
employee
- If the conduct affected safety, dignity, or work conditions, the Act may still apply even without physical contact.
Compliance
Display at the workplace the penal consequences of sexual harassment
Actor: Employer
Organise regular awareness programmes and capacity-building workshops
Actor: Employer
Common Mistakes
Believing that only physical acts constitute sexual harassment — verbal and non-verbal conduct are covered.
Assuming there must be repeated incidents — a single serious incident can qualify.
Thinking the conduct must happen inside the office — work-related travel and events are covered.
Source & Status
This page contains temporary structural and explanatory content, not a verbatim reproduction of the Act.
Source: Ministry of Law and Justice, Government of India
Publication status: Temporary content pending separate legal verification