Kiana, a talented young professional at a renowned marketing firm, exuded confidence in her work. However, during a team meeting one afternoon, a colleague casually remarked, “You’ve got a fine body —no wonder the clients listen to you.” The room fell silent, and Kiana forced a polite smile, concealing the discomfort. This was not the first time she had endured such comments.
That evening, Kiana returned home feeling disheartened and isolated. The following day, she arrived at work visibly distressed, having spent a sleepless night replaying the incident in her mind. Concerned by her demeanour, her friend Kaneer approached her to check if she was okay. It was then that Kiana confided in Kaneer about the comment.
On hearing her story, Kaneer informed Kiana that the “casual” remark falls under the definition of sexual harassment under the PoSH Act 2013. She encouraged her to file a formal complaint with the Internal Committee (IC). With Kaneer’s support, Kiana drafted and submitted her complaint.
A similar case was recently addressed by the Kerala High Court where the court held that remarks on women’s body structure can be considered as sexual harassment. The court observed that such remarks could, amount to sexual harassment as they diminish an individual’s dignity and create an uncomfortable environment.
This judgment highlights the judiciary’s evolving interpretation of sexual harassment under Section 2(n) of the PoSH Act 2013. What might seem like an innocent remark can have a profound impact on the recipient, particularly when it is unsolicited and personal. Such comments blur the boundary between appreciation and objectification, leaving the individual questioning the intent behind the words.
How can organisations help their employees feel protected?
Kiana’s story is a reminder that workplace harassment doesn’t always come in the form of overt misconduct but it can be very subtle as well.
For organisations, fostering a culture where every colleague feels protected and respected is a major legal duty. Here are some important points to keep in mind:
- Recognising inappropriate comments: If Kiana had been aware that such remarks qualified as harassment under the PoSH Act, she might have felt empowered to address the issue sooner. Regular training sessions and workshops can help employees recognise inappropriate behaviour, including seemingly “harmless” comments.
- Zero tolerance for inappropriate behaviour: Organisations must ensure that their IC is aware and trained that comments on a person’s physical appearance can be harmful and constitute harassment. Workplaces should foster a culture where employees feel empowered to call out such remarks instead of laughing them off or treating them as harmless jokes.
- Professional complimenting: Compliments are good, but they should be restricted to a person’s work, not their physical appearance. Commenting on someone’s looks, even with good intentions, can make them feel uncomfortable, or objectified. Being mindful of the kind of compliments being used between colleagues and actively calling out any inappropriate ones is highly effective in prevention of sexual harassment.
Implementing these steps can help organisations foster a workplace where every employee feels valued and respected. Employees can contribute to this environment by being mindful of their remarks or, better yet, refraining from making unnecessary comments altogether. By implementing the proposed measures, Serein can help establish a safer and more respectful work environment. To learn more, email us at hello@serein.in.