Creating a Safe Workplace: Do’s and Don’ts for Preventing Sexual Harassment

Creating a Safe Workplace: Do’s and Don’ts for Preventing Sexual Harassment

Sexual harassment at the workplace is not just a legal violation—it’s a breach of trust, respect, and dignity. The workplace should be a space where every individual feels safe, valued, and empowered to contribute fully, without fear or intimidation.

In light of this, the Government of India and departments like the Department of Electronics and Information Technology (DeitY) have taken important steps to prevent sexual harassment and uphold the rights of women employees.

This article outlines essential Do’s and Don’ts to help both employers and employees maintain a safe and respectful working environment, drawing from constitutional mandates, Supreme Court judgments (notably the landmark Vishaka vs. State of Rajasthan case), and workplace ethics.

Latest Legal Updates (2023–2025)

Supreme Court in Aureliano Fernandes v. State of Goa (12 May 2023) issued operative directions to ensure effective PoSH implementation. Highlights:

• Constitute valid ICCs wherever there are 10+ workers, ensuring the mandated composition and an external member.
• Publish visibility details: display PoSH policy, ICC members’ names, email/phone, procedure & timelines on the website/notice boards.
• Training & sensitisation: periodic capacity-building for ICC members and organisation-wide awareness programmes.
• Records & reporting: maintain minutes/records; file annual data as required by law and make disclosures where applicable.

Follow-up directions (2024–2025) reinforced compliance and monitoring by authorities (including surveys/verification of ICCs) and reiterated training, visibility and reporting duties.

Understanding the Legal and Moral Responsibility

Sexual harassment violates the Fundamental Rights guaranteed under the Indian Constitution:

• Right to Equality (Article 14)
• Right against Discrimination (Article 15)
• Right to Practice any Profession (Article 19(1)(g))
• Right to Life and Personal Liberty (Article 21)

Moreover, Article 51A(e) places a duty on every citizen to renounce practices derogatory to the dignity of women.

The Vishaka Judgment

The 1997 Vishaka Judgment by the Supreme Court defined sexual harassment and laid the foundation for workplace grievance redressal mechanisms. It includes:

• Physical contact and advances
• Requests or demands for sexual favors
• Sexually colored remarks
• Showing pornography
• Any unwelcome physical, verbal, or non-verbal conduct of a sexual nature

Internal Complaint Committees (ICCs): A Workplace Safeguard

In compliance with the Vishaka Guidelines and later the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, organizations like the Department of Electronics and Information Technology have set up Internal Complaint Committees (ICCs).

These committees are responsible for investigating complaints, supporting victims, and recommending corrective measures. For instance, as per office orders issued between 2005 and 2011, the Department consistently updated its committee structure to ensure proper representation and functionality, with members including senior women scientists and joint directors.

ICC Essentials (as directed by Supreme Court)

• Composition: Presiding Officer (senior woman employee), at least two internal members, and one external member with experience in women’s issues; minimum 50% women members.
• Contact visibility: Display ICC names, email IDs, and phone numbers on the intranet/website and prominent office boards.
• Procedure: Clear, time-bound process for inquiry; safeguard against retaliation; maintain confidentiality as per the PoSH Act & Rules.
• Capacity-building: Annual training for ICC; periodic organisation-wide awareness sessions.

Reporting & Annual Filing

• Annual report to District Officer with case statistics and action taken (as per PoSH Act/Rules).
• Board’s Report disclosure (companies): declare PoSH compliance and complaints data as per Companies (Accounts) Rules, with enhanced disclosure expectations from 2025 amendments.

Statutory and Corporate Compliance

• Companies (Accounts) Rules: The Board’s Report must state PoSH compliance (constitution of ICC) and disclose complaint statistics for the year; recent 2025 changes call for more detailed disclosures.
• Regulatory enforcement: Non-disclosure in the Directors’ Report has attracted monetary penalties in recent orders; ensure accuracy and completeness.
• SHe-Box (GoI portal): Provide employees with access to the official Sexual Harassment electronic Box complaint portal. Note: Certain jurisdictions (e.g., NCT of Delhi in 2025) have mandated organisational registration of ICs on SHe-Box; organisations operating there should register and display details.
• Display obligations: Prominently display PoSH policy, Do’s & Don’ts, ICC contacts, and complaint channels (including SHe-Box link) at all workplaces and on the website.

Helpful links (to include where appropriate):

• SHe-Box (Ministry of Women & Child Development)
• SHe-Box FAQs

DO’s: Cultivating a Culture of Respect and Responsibility

• Promote Gender Equality — Uphold the fundamental rights of women in workplace policies and behavior.
• Ensure Humane Work Conditions — Respect maternity provisions and work-life balance.
• Prevent and Respond to Harassment — Raise awareness, ensure clear reporting, and guarantee fair investigations.
• Be Vigilant and Supportive — Help victims, especially if the offender is a third party. Support relocation if needed.
• Recognize Women’s Rights as Human Rights — Address any act that compromises a woman’s dignity or professional integrity.
• Provide Personal Security — Ensure physical safety, especially during night shifts or in isolated areas.
• Educate the Workforce — Conduct regular training and sensitization programs.
• Use the Law When Needed:
  • Section 354 IPC: Assault on women with intent to outrage modesty (up to 2 years imprisonment)
  • Section 509 IPC: Words/gestures to insult modesty (up to 1 year imprisonment)

DON’Ts: Behaviors That Must Be Avoided at All Costs

• No Sexual Advances or Remarks — Even jokes or comments with sexual undertones are unacceptable.
• Do Not Show Pornography or Explicit Content — Any form of inappropriate content is a serious violation.
• Avoid Gender Bias — Never treat women as inferior or objectify them in work tasks or conversations.
• Don’t Undermine Complaint Processes — False complaints harm real victims and workplace morale.
• Don’t Ignore Corruption or Unethical Behavior — Report favoritism, inappropriate closeness, or rule violations.
• Don’t Hesitate to Act — Inaction in the face of misconduct makes one complicit.
• Don’t Delay Investigations — Prompt, impartial handling of complaints is essential for trust.

A Role for Every Employee

Sexual harassment is not just an HR issue—it is a collective responsibility. Every employee plays a part in creating a workplace that is safe and inclusive for all. Maintaining vigilance, offering support to victims, and ensuring transparency in every action strengthens not just individuals but the entire organization.

Conclusion: Prevention is the Best Protection

“Problems start where vigilance ends.” — Central Vigilance Commission

Creating a workplace free from sexual harassment starts with awareness, responsibility, and unwavering integrity. By adhering to the clear do’s and don’ts, we don’t just follow rules—we honor the humanity of our colleagues.

A truly safe and respectful workplace is not built by committees and laws alone, but by the everyday choices of those who inhabit it.

PoSH 2025 Compliance Checklist (Quick Reference)

• Valid ICC constituted (with external member; 50% women); details displayed online/on premises.
• Policy updated post-2023 Supreme Court directions; communicated to all workers (incl. interns, gig/contract).
• Training: annual ICC training + periodic staff sensitisation tracked with attendance records.
• Records: maintain inquiry files, minutes, and registers securely; ensure confidentiality.
• Annual filings: data sent to District Officer; Board’s Report includes PoSH disclosures as per Companies (Accounts) Rules (reflecting 2025 enhanced detail where applicable).
• Display: PoSH Do’s/Don’ts, ICC contacts, complaint procedure, and SHe-Box link prominently shown.
• Jurisdictional add-ons: If operating in NCT of Delhi (2025 notice), ensure SHe-Box registration of organisation/IC as mandated; check any state-specific circulars.

For Sexual Harassment–Related Queries:
If you have questions, concerns, or need legal assistance regarding workplace sexual harassment, you may contact Adv. Tarun Choudhury at +91 9891244487 for guidance and support.