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Survivors in the Workplace

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Sexual violence affects individuals across all walks of life, and its impact can be especially devastating in the workplace—where there is a breach of trust and trauma of ongoing contact with colleagues the survivor must see and work with regularly. Policies to protect survivors in the workplace exist to affirm that an employee’s path to healing should never be at odds with their professional livelihood.

 

Sexual harassment and sexual assault in the workplace can take many forms, including unwelcome comments, sexually coloured remarks or gestures, physical contact or advances, coercion/demand for sexual favours, showing pornography and abuse of authority. When harm occurs in professional spaces, it is often compounded by power imbalances, fear of retaliation, and the reality that survivors may have to continue working alongside those who caused harm.

 

In India, workplace sexual violence is recognized as both a criminal offence and a workplace rights violation. This dual recognition is important: it acknowledges not only the harm done to an individual, but also the responsibility of institutions to create safe, dignified work environments.

How Indian Law Protects Survivors in the Workplace

India has a strong legal framework to address sexual violence in professional settings:

  • Bharatiya Nyaya Sanhita (BNS), Section 75
    This provision criminalises sexual harassment, recognising behaviours such as unwelcome physical contact, demands for sexual favours, sexually coloured remarks, and other acts that violate a person’s dignity. It places accountability squarely on the perpetrator and allows survivors to pursue criminal remedies.
    BNS Section 75

  • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) 
    The PoSH Act focuses on prevention and redressal within workplaces. It requires employers to actively prevent harassment, establish complaint mechanisms, and ensure time-bound, confidential inquiry processes. Importantly, it recognises that safety at work is a fundamental right.
    Handbook on Sexual Harassment of Women at Workplace PoSH Act 2013

 

Together, these laws are designed to be comprehensive—addressing immediate safety, accountability, and the survivor’s ability to continue working with dignity.

Key Survivor Rights Under Indian Law

Under the PoSH Act and relevant criminal law provisions, survivors have the right to:

  • A safe and dignified workplace (including places visited by the employee), free from sexual harassment

  • File a complaint without fear of retaliation, victimisation, or professional harm

  • Access an Internal Committee (IC) or Local Committee where required, for a fair and timely inquiry

  • Confidentiality, including protection of identity and details of the complaint

  • Interim relief, such as transfer, leave, or changes in reporting structure during the inquiry

  • Pursue criminal action alongside workplace proceedings, if they choose

  • Be heard with respect, without blame, disbelief, or character judgement

  • Continue employment and career progression without being penalised for reporting harm

 

At its core, Indian law affirms a simple but powerful principle: a survivor’s right to healing and justice should never come at the cost of their livelihood or dignity.

Responsibilities of Workplaces and Employees

Responsibilities of Workplaces

Under Indian law, both government bodies and private organisations have a legal duty to prevent sexual harassment, respond to complaints, and protect survivors in the workplace. These responsibilities arise primarily under the PoSH Act, 2013, and are supported by criminal law provisions under the Bharatiya Nyaya Sanhita (BNS).

 

In brief, organizations are required to:

  • Provide a safe and dignified work environment free from sexual harassment

  • Establish an Internal Committee (IC) at each office or unit, as mandated by law with 50% female representation

  • Display and communicate a clear anti-sexual-harassment policy to all employees

  • Ensure accessible, confidential, and time-bound complaint processes

  • Conduct fair, unbiased inquiries that respect the survivor’s dignity

  • Protect survivors from retaliation, victimization, or professional disadvantage

  • Offer interim relief (such as leave, transfer, or role adjustments) when requested

  • Take appropriate action against perpetrators based on inquiry findings

  • Facilitate criminal complaints where the conduct amounts to an offence

  • Provide regular awareness and training to employees and committee members

 

Failure to meet these obligations can attract legal penalties, reputational harm, and loss of licenses or registrations. Our law makes one thing clear: preventing harm and supporting survivors is not optional—it is a workplace responsibility.

Responsibilities of Employees

Employees also play a vital role in creating and sustaining a safe workplace. Under Indian law and workplace policies, employees are expected to:

  • Respect the dignity, boundaries, and rights of colleagues

  • Refrain from engaging in or encouraging any form of sexual harassment

  • Familiarize themselves with the organisation’s PoSH policy and complaint process

  • Participate in awareness and training programmes when required

  • Cooperate honestly and respectfully in inquiries, if involved as a party or witness

  • Maintain confidentiality regarding complaints and proceedings

  • Report harassment or unsafe behaviour, whether experienced personally or witnessed

 

Employees are protected from retaliation when they report concerns in good faith.

A Shared Responsibility

Indian law recognises that workplace safety is a collective responsibility. Employers must put systems and protections in place, and employees must uphold a culture of respect and accountability—so that survivors are supported, believed, and able to continue their work with dignity.

For References, click here.

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