The Union government has reaffirmed the expansive scope of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, stating that the law applies to all women regardless of age, employment status, or sector of work. The clarification was provided in the Rajya Sabha by Minister of State for Women and Child Development Savitri Thakur in response to a parliamentary query.
The Act, commonly referred to as the Sexual Harassment (SH) Act, was enacted to ensure safe and secure working conditions for women and to uphold constitutional guarantees of equality, dignity, and the right to livelihood.
Sexual harassment at the workplace, the government noted, constitutes a violation of fundamental rights under Articles 14, 15, and 21 of the Constitution of India, as well as the right to practice any profession under Article 19(1)(g). Such conduct creates unsafe work environments and can limit women’s participation in economic activity, affecting broader goals of inclusive growth.
Sexual harassment law definition of aggrieved woman and employee scope
A key clarification highlighted by the government concerns the definition of an “aggrieved woman” under Section 2(a) of the Act. The provision defines an aggrieved woman as any woman, of any age, whether employed or not, who alleges sexual harassment at a workplace. This ensures that protection is not limited to formally employed individuals.
Officials said this broad definition reflects legislative intent to extend protection to all women present in a workplace environment, including visitors or those indirectly associated with the workplace.
The Act also adopts an expansive definition of “employee” under Section 2(f). It includes individuals employed on regular, temporary, ad hoc, or daily wage terms, as well as those engaged through agents. The definition explicitly covers contractual workers, apprentices, trainees, consultants, volunteers, and unpaid interns.
This provision ensures that formal employment or economic dependence on an employer is not a prerequisite for protection under the law.
Workplace and employer definition under Sexual Harassment Act explained
The term “employer” under Section 2(g) is defined to include heads of government departments, organizations, and institutions, as well as individuals responsible for management, supervision, and control in private workplaces. The definition also extends to those fulfilling contractual obligations and, in the case of domestic workers, households employing such workers.
The Act further defines “workplace” in broad terms under Section 2(o), covering government bodies, private enterprises, non-governmental organizations, and institutions engaged in commercial, professional, educational, industrial, or health-related activities.
The definition includes both organized and unorganized sectors and extends to home-based workers, field assignments, and situations where women are in transit for work.
The government described the legislation as inclusive and intersectional in design, aimed at addressing workplace realities across diverse sectors and employment arrangements.
Judicial interpretation has reinforced this wide scope. In the 2013 case of Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University, the Bombay High Court observed that the definition of workplace was deliberately kept broad to ensure no instance of sexual harassment goes unaddressed.
The clarification in Parliament comes as workplace safety continues to be a central issue in discussions on women’s workforce participation and economic empowerment.
The government maintained that the law’s framework is intended to ensure that no woman, irrespective of her role or employment status, is excluded from protection against sexual harassment in any workplace setting.