Sexual Harassment Act - SBILL Chapter 20

Sexual Harassment Act (SBILL Chp 20)

• The Act defines sexual harassment under Section 2(n) and further expands it under Section 3.
• Additional circumstances for sexual harassment include implied/explicit promises or threats of preferential/detrimental treatment in employment, or threats related to the victim's present or future employment.

Definition of "Workplace"

• Section 2(o) defines "workplace" broadly, including any department, organization, undertaking, establishment, enterprise, institution, office, branch, or unit.
• It covers those established, owned, controlled, or wholly/substantially financed by government funds, or by private sector organizations, or private ventures.
• It extends to hospitals, sports complexes, residential/non-residential areas used for training, any place visited by the employee linked to employment, including transportation, and dwellings.

Broader Interpretation of "Workplace"

• The workplace extends beyond the typical office setting, emphasizing a broader definition.
• This includes considering factors like the proximity of a residence to a workplace, and if the residence is considered an extension or continuous part of the workplace.
• Court cases and legal precedents underline that the workplace should not be limited to the conventional office space but should encompass instances at places like official messes, which are closely linked to employment.
• Changes like computer use, internet connectivity, videoconferencing, and residential offices, necessitate a broader view of a workplace.

Case Studies

• The case of Saurabh Kumar Mallick v. Comptroller & Auditor General of India highlights that a workplace includes an official mess where a woman officer resided.
• Courts emphasized the broader objectives of the Vishaka Guidelines to protect working women from sexual harassment, and broadened the definition of the workplace to encompass a wider range of locations relevant to employment.

This quiz covers the Sexual Harassment Act as outlined in SBILL Chapter 20. It details the definitions of sexual harassment and the broad interpretation of 'workplace' as per the Act. Understanding these sections is crucial for recognizing and addressing workplace harassment effectively.