What Women Should Do During Sexual Harassment in India

Sexual harassment is serious and can occur at the workplace, in public places, educational institutions, online, or in other settings. A woman experiencing harassment should remember that the responsibility lies with the person committing the harassment, not with the woman.

The appropriate response depends on the situation, but the priorities should be personal safety, preserving evidence, reporting the incident, and obtaining appropriate support.

1. Move to a Safe Place

If the situation is ongoing or there is an immediate threat, move away from the person if it is safe to do so. Go to a secure location and contact someone you trust.

If there is an immediate danger, seek police or emergency assistance.

2. Clearly Communicate Boundaries When Safe

If it is safe and appropriate, the woman may clearly state that the behaviour is unwanted and must stop.

However, she should never feel obligated to confront the harasser. Personal safety should always come first.

3. Preserve Evidence

Keep evidence that may help establish what happened, such as:

• WhatsApp or other messages

• Emails

• Photographs or screenshots

• Audio or video evidence where lawfully obtained

• Social-media communications

• Call details

• CCTV information

• Names of witnesses

• Relevant letters or documents

Do not alter or fabricate evidence. Preserve digital material in its original form wherever possible.

4. Report Workplace Sexual Harassment

For sexual harassment at a workplace, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) provides a mechanism for complaints.

A woman may submit a written complaint to the workplace’s Internal Committee where one is constituted. Where an Internal Committee is not constituted in circumstances covered by the Act, a complaint may be made to the Local Committee.

The Act generally provides a three-month period from the incident, or from the last incident in a series, for making a complaint, with the possibility of an extension of up to another three months in specified circumstances.

5. Keep a Written Record

Write down important details as soon as possible, including:

• Date and approximate time

• Location

• What happened

• Names of people present

• Messages or communications involved

• Any witnesses

• Steps already taken

A contemporaneous record can help you remember events accurately when making a complaint.

6. Seek Support

Talk to a trusted family member, friend, colleague, counsellor, lawyer, or another appropriate support person.

The Government of India’s Women Helpline 181 provides assistance, information, and connections to services including emergency assistance, One Stop Centres, legal support, and psychosocial counselling.

7. If the Harassment Involves Threats or a Criminal Offence

Some conduct may require action beyond an internal workplace complaint. Depending on the circumstances, a woman may approach the police or seek legal advice regarding applicable criminal laws.

If there is immediate danger, do not wait for an internal workplace process before seeking emergency assistance.

8. What If the Workplace Does Not Have an Internal Committee?

The POSH Act provides for a Local Committee at the district level in specified circumstances, including establishments where an Internal Committee has not been constituted because there are fewer than ten workers, and complaints against the employer in the circumstances specified by the Act.

A woman can seek assistance in identifying the appropriate complaint mechanism.

Important Precautions

• Do not blame yourself for the harassment.

• Do not feel pressured to remain silent to protect someone’s reputation.

• Do not confront the harasser if doing so could put you in danger.

• Do not delete relevant messages or other evidence.

• Do not fabricate or alter evidence.

• Keep copies of complaints and important documents.

• Avoid discussing sensitive details publicly on social media.

• Do not sign a settlement or other document without understanding its implications.

• Seek qualified legal advice when the matter is serious or complicated.

Remember

Your safety comes first. You have the right to say no to unwanted sexual behaviour and to seek help when you experience harassment.

If the harassment occurs at work, the POSH Act provides a formal complaint and inquiry mechanism. The Internal Committee/Local Committee can conduct an inquiry, and the Act also provides for action during the pendency of an inquiry and for recommendations after the inquiry.

Speak up when you are able to do so safely. Preserve evidence. Seek support. Know your rights.

This article is intended for general public awareness and is not a substitute for case-specific legal advice. The appropriate procedure depends on the circumstances and the applicable law.