Ch. I · §3
Chapter I
Preliminary
Section
Chapter I · Preliminary
Section 3
Prevention of sexual harassment
Transcribed from the official India Code source for reading and comparison. PIH plain-language guidance is editorial and separate; this page is not legal advice.
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 may amount to sexual harassment under Section 3(2)(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 may amount to sexual harassment under Section 3(2)(i) — an implied promise of preferential treatment.
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.
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
- Official source
- India Code, Ministry of Law and Justice, Government of India
- Source version
- India Code PDF — last updated 31 August 2021
- Source location
- India Code PDF, p. 5
- Retrieved
Statutory blocks are kept separate from PIH plain-language and operational guidance. The reading copy is not legal advice.
Legal review status: counsel-reviewed. All sections have valid documentary counsel evidence and publication signals are enabled.
Judicial material: no verified judicial interpretation is published in this reading copy. Judicial analysis is a separate layer from the statutory transcription and PIH editorial guidance.