Date: 2026-03-25Category: Press ReleaseState: Union GovernmentCountry: India
Government enacted Sexual Harassment of Women at Workplace Act, 2013, aiming to provide safe and secure working environment for women across all sectors
**Executive Summary**
This report outlines the scope and definitions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Provided as a response in the Rajya Sabha on March 25, 2026, the document clarifies that the Act is designed to be sector-agnostic and inclusive, ensuring fundamental constitutional rights to a safe working environment for all women across public, private, and informal sectors.
**Key Points / Main Content**
**Legal Foundations and Intent**
* **Constitutional Basis:** The Act upholds fundamental rights to equality, liberty, and life (Articles 14, 15, and 21) and the right to practice any profession in a safe environment [Article 19(1)(g)].
* **Core Objective:** To provide a safe and secure working environment, facilitating women's workforce participation and economic empowerment.
**Expansive Definitions under the SH Act, 2013**
* **Aggrieved Woman [Section 2(a)]:** Covers any woman of any age, regardless of whether she is employed or not, who alleges sexual harassment at a workplace.
* **Employee [Section 2(f)]:** Includes regular, temporary, ad hoc, or daily wage workers, as well as co-opted volunteers, trainees, apprentices, consultants, and unpaid interns.
* **Employer [Section 2(g)]:** Defined as heads of government departments/local authorities, persons responsible for management and supervision in private organizations, and individuals/households employing domestic workers.
* **Workplace [Section 2(o)]:** Includes government bodies, private sector organizations, NGOs, and institutions across all industries (commercial, educational, entertainment, etc.).
**Operational Scope and Judicial Interpretation**
* **Broad Coverage:** The Act applies to both organized and unorganized sectors, including home-based workers and field staff.
* **Extended Geography:** Protection extends to women in transit for work purposes and within dwelling places or houses.
* **Judicial Precedent:** In *Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University (2013)*, the Bombay High Court affirmed that the definition of "workplace" is deliberately wide to ensure no area of potential harassment is left unattended.
**Impact Analysis**
**Women (Aggrieved Persons)**
**Impact**
All women, including domestic workers, volunteers, and interns, are legally protected from harassment regardless of their employment status or age.
**Action Required**
Can seek redressal for harassment occurring at any workplace, including during transit or in informal settings.
**Employers and Management**
**Impact**
Liability for maintaining a safe environment extends to heads of government departments, private sector management, and even individual households.
**Action Required**
Must take responsibility for the management, supervision, and control of the workplace to prevent harassment; households must acknowledge their role as employers for domestic workers.
**Organizations and Institutions (Public/Private/NGOs)**
**Impact**
The law is sector-agnostic, meaning commercial, vocational, and educational institutions are all classified as workplaces under the Act.
**Action Required**
Must ensure compliance with the Act’s provisions across all formal and informal settings, including for staff working in the field or in transit.
Key Entities Referenced
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: The primary legislation (SH Act) enacted to ensure safe working environments for women by defining key terms like 'aggrieved woman', 'employee', 'employer', and 'workplace'.
Ministry of Women and Child Development: The nodal ministry responsible for the implementation and oversight of policies concerning the safety and empowerment of women in the workforce.
Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University: A significant legal case in which the Bombay High Court affirmed the inclusive and broad definition of 'workplace' to ensure no area where women may be harassed is left unattended.
Constitution of India: The foundational legal document cited for Articles 14, 15, 21, and 19(1)(g), which guarantee women's fundamental rights to equality, liberty, life, and a safe working environment.
Ministry of Women and Child Development
Government enacted Sexual Harassment of
Women at Workplace Act, 2013, aiming to
provide safe and secure working environment for
women across all sectors
Posted On: 25 MAR 2026 3:42PM by PIB Delhi
Sexual harassment of women at the workplace is a grave violation of women's fundamental rights to
equality, liberty and life, as enshrined in Articles 14, 15, and 21 of the Constitution of India and the right
to practice any profession or carry on any occupation, trade or business, which includes a safe working
environment, under Article 19(1)(g). Sexual harassment creates an insecure work environment, hindering
women's participation in the workforce and adversely affecting their economic empowerment and the
goal of inclusive growth.
The Government of India enacted the Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013 (SH Act), aiming to provide a safe and secure working environment
for women across all sectors. The Act covers all women, irrespective of age or employment status and
extends its protection to both public and private sector workplaces, organized or unorganized, including
domestic workers. The SH Act, 2013 is designed to be inclusive, intersectional and sector-agnostic.
The interpretation of following key definitions enshrined in the SH Act, 2013 provides that the Act is
unequivocally applicable to all women, irrespective of sector, employment status or nature of work.
Section 2(a) of the Act defines "aggrieved woman" as any woman, of any age, whether employed or not,
who alleges she has been subjected to sexual harassment at the workplace. This broad definition ensures
that any woman present at a workplace regardless of her role is covered under the ambit of the Act. It also
demonstrates the legislature's intention to provide statutory protection irrespective of her employment
status.
Section 2(f)- Definition of "employee" includes persons employed on regular, temporary, ad hoc, or daily
wage basis, either directly or through an agent, including volunteers or trainees. This includes contractual
workers, apprentices, trainees, consultants and even unpaid interns. The definition ensures that economic
dependency on the employer/ in-charge/ owner of a workplace is not a precondition for protection.
Section 2(g) of the Act defines “employer” as
i. in relation to any department, organisation, undertaking, establishment, enterprise, institution,
office, branch or unit of the appropriate Government or a local authority, the head of that
department, organisation, undertaking, establishment, enterprise, institution, office, branch or
unit or such other officer as the appropriate Government or the local authority, as the case
may be, may by an order specify in this behalf;
ii. in any workplace not covered under sub-clause (i), any person responsible for the
management, supervision and control of the workplace. (Explanation — For the purposes ofthis sub-clause “management” includes the person or board or committee responsible for
formulation and administration of polices for such organisation);
iii. in relation to workplace covered under sub-clauses (i) and (ii), the person discharging
contractual obligations with respect to his or her employees;
iv. in relation to a dwelling place or house, a person or a household who employs or benefits
from the employment of domestic worker, irrespective of the number, time period or type of
such worker employed, or the nature of the employment or activities performed by the
domestic worker.
Under Section 2(o), the term “workplace” is expansively defined to include government bodies, private
sector organizations, non-governmental organizations and institutions carrying out commercial,
professional, vocational, educational, entertainment, industrial, health services or financial activities.
Accordingly, the Act applies to formal and informal sectors, organized and unorganized settings, and
public and private spaces. It also covers home-based workers, field staff and women in transit for work
purposes.
In Jaya Kodate v. Rashtrasant Tukdoji Maharaj Nagpur University (2013), the Bombay High Court
reiterated that “the definition of workplace is inclusive and deliberately kept wide by the Parliament to
ensure that any area where women may be subjected to Sexual Harassment is not left unattended or
unprovoked for.
This information was given by the Minister of State for Women and Child Development Smt. Savitri
Thakur in Rajya Sabha in reply to a question.
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SS
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