1 Answer
Dear Client, yes, complaints of sexual harassment at the workplace are generally addressed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) through an inquiry conducted by the Internal Committee. Such proceedings are not criminal trials but workplace proceedings that may result in disciplinary action by the employer. Under Section 2(n) of the POSH Act, sexual harassment includes unwelcome physical, verbal, or non-verbal conduct of a sexual nature. Therefore, if a man repeatedly comes physically close to a woman in a manner that makes her uncomfortable and makes unwelcome comments about her appearance, such as calling her "beautiful," the conduct may fall within the scope of sexual harassment under the POSH Act, depending on the facts, context, and evidence available. The final determination would be made by the Internal Committee after considering the complaint and the evidence. Please reach out for further clarifications, if any, Thank you.