POSH Act Section 3 — Prevention of sexual harassment

Summary

Sub-section (1) states that no woman shall be subjected to sexual harassment at any workplace.

Sub-section (2) lists circumstances that, among other circumstances, may amount to sexual harassment if they occur or are present in relation to or connected with any act or behavior of sexual harassment. These are: (i) an implied or explicit promise of preferential treatment in her employment; (ii) an implied or explicit threat of detrimental treatment in her employment; (iii) an implied or explicit threat about her present or future employment status; (iv) interference with her work or creating an intimidating, offensive, or hostile work environment for her; and (v) humiliating treatment likely to affect her health or safety.

Official Text

(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 behavior 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.

Referred to by

• POSH Act §30 — Power to remove difficulties

Related Judgments

• DR. SOHAIL MALIK vs UNION OF INDIA & ANR — Supreme Court of India (2025)
• VANEETA PATNAIK vs NIRMAL KANTI CHAKRABARTI & ORS — Supreme Court of India (2025)
• Surender Singh vs . Union of India & Ors.”, which directions, upon — Delhi High Court (2024)
• PUNJAB AND SIND BANK AND ORS. vs MRS. DURGESH KUWAR — Supreme Court of India (2020)