Delhi: ‘Sexual harassment in virtual meetings must also be within Posh Act’

The word ‘virtual workspace’ must be added to the definition of workplace, said justice Prathiba M Singh

Incidents of sexual harassment of women during online meetings must fall within the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), Delhi High Court judge Justice Prathiba M Singh said on Friday, underscoring the urgent need to adapt the legal framework to evolving digital work environments.

Justice Prathiba M Singh at the POSH conclave on Friday. (HT Photo)

Speaking to HT on the sidelines of the “NoMeansNo 3rd National POSH Conclave & Excellence Awards,” justice Singh called for formally expanding the definition of “workplace” under the Act to explicitly include virtual, electronic, and digital platforms.

She also stressed the importance of establishing clear protocols for preserving electronic evidence in cases of online sexual harassment.

“The word ‘virtual workspace’ must be added to the definition of workplace,” she said, adding that the Internal Complaints Committees (ICC) should be empowered to address harassment in these spaces.

Justice Singh also emphasised the importance of preserving digital evidence in such cases.

“Virtual workspaces will prove a challenge… If harassment occurs over a post, video or audio in a virtual setting, that can be reviewed. But if it happens during a live video call, it’s difficult to analyse unless the call is recorded. The Act must apply in such cases so the ICC can take cognisance,” she said.

Delivering the keynote address at the event, justice Singh, who also chairs the Delhi High Court’s ICC, announced that the court has finalised new guidelines that explicitly include virtual workspaces under the definition of workplace.

“The Delhi High Court has recently come up with guidelines, we’re going to be uploading it next week. In it, we have included virtual workspaces as well. So, we realised that physical space is no longer enough, especially as harassment can occur on video conferencing platforms,” she said.

Justice also flagged serious concerns over the underreporting of workplace harassment. Citing a survey by a Gujarat-based organisation, she said, “According to the survey, 37% of women reported experience in sexual harassment at workplace, 45% experienced verbal remarks of sexual exploitation, but only 20% of those effect came forward and reported it. Of those, 80% said the outcome was poor, and 16% said the situation worsened after reporting.”

The conclave saw multiple speakers echo the need for urgent updates to workplace policies in light of increasing remote and hybrid work.

Vishal Bhasin, co-founder of NoMeansNo, stressed that organisations must revisit their internal POSH policies. “Corporates can address harassment by redefining their workplace to include work-from-home scenarios. If this is reflected clearly in the policy, much of the ambiguity can be avoided,” he said.

Senior advocate Pavan Duggal called for a complete overhaul of the POSH Act to meet the realities of digital work. “The law must become more topical. ICCs must be empowered to assess and preserve electronic evidence effectively,” Duggal said.