Definition of Aggrieved woman under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act of 2013

Previously, we have already acquainted ourselves with the definitions of “workplace” and “sexual harassment”. In this series, we have attempted to define an “Aggrieved Woman” as per the Act.

“Aggrieved Woman”, the term in itself is quite suggestive. In simple terms an “aggrieved woman” is a woman, who in relation to a workplace alleges to have been sexually harassed.

This Act recognizes the rights of every woman and aims to create a safe and secure workplace environment for all of them. This definition covers every woman, employed or not, irrespective of their age, work, status, etc. The fact that this Act tries to do so, is what gives a “wow” factor to this legislation.

Imagine your first day at work. You do not know anyone in that place, except for your employer who you have met for couple of minutes during your interview. You are already nervous about your first day at work, about meeting new people, the kind of work you will be allotted. Despite all of that you are clear and relieved about one particular thing- YOU ARE SAFE. You know that people won’t try to be inappropriate with you and even if they do you have a forum to approach for the same. That is precisely what this Act is trying to do. Make woman feel safe and help them adapt to an alien territory and make it their own.

But what about the women who are not employed with the workplace? Can they avail this Act?

Any woman, whether she is in the capacity of a permanent, temporary, adhoc or daily wages basis employee, shall be protected under this Act. This also includes women who are engaged directly with the principal employer, or indirectly through an agent including a contractor, with or without the knowledge of her principal employer. She does not necessarily have to be a salaried employee, she might be working on remuneration or as a volunteer, her employment contract might be expressed or implied, and even then she is protected under this Act.

A student, working as an intern with a law firm, if sexually harassed by an employee of the firm, is an aggrieved woman. Despite the fact that she does not have an expressed employment contract, the student shall seek for aid under the Act.

A woman labor collects coals in a coal mine. She is not directly engaged with her principle employer nor is she a salaried employee. If sexually harassed by her colleague, she shall be an aggrieved woman within the definition of the Act despite of working in the coal mines on a daily wages basis and having no proper employment contract.

So the answer is, yes. They can very well seek refuge under this Act, if they fall victim to sexual harassment at workplace. A woman, even if she is not an employee, who visits any workplace in the capacity of being a contract worker, probationer, trainee, intern, apprentice, customer, saleswoman, domestic worker, or just a visitor, shall be protected under the Act.

This Act also makes an employer responsible for sexual harassment of its employees by a third party. If a woman associated with the employer’s workplace complains that a client is harassing her, the company should immediately investigate the situation. As per the law, when an employee goes to some other place to visit a client or a customer etc, with relation to her work, the place of visit is considered to an extended workplace. If the woman is subjected to sexual harassment at an extended workplace, she is an aggrieved woman under the Act. In such situation if the employer knows or should have known about the problem and failed to take immediate and appropriate corrective action, he should be held liable for the same and most take appropriate actions to resolve the same.

For example, if an employee complains about sexual harassment, the employer must investigate in to such matter. Upon investigation if it finds that inappropriate conduct took place, the company must act. For example, the company could place another employee on that account and inform the client about the incident and file a report for the same. Of course, the company doesn’t have the same control over third parties as it has over its own employees but they are supposed to assist the aggrieved woman as much as they can.

Author: This post has been authored by Ms. Anuradha Hazra, Advocate during her assignment with Ungender Legal Advisory.