Can a Woman Sexually Harass Another Woman Under the PoSH Act? Legal Realities & HR Guidance

When workplace compliance professionals discuss the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act), conversations traditionally default to cross-gender scenarios. However, modern workplaces are complex, diverse, and dynamic. A critical legal question frequently surfaces among human resources teams and Internal Committees (ICs): Can workplace sexual harassment occur between individuals of the same gender—specifically, can a woman sexually harass another woman?

Understanding how the statute applies to same-sex dynamics is essential for maintaining a truly safe workplace and avoiding fatal procedural errors during grievance redressal.

Deconstructing the PoSH Act: The Statutory Definition

To answer this question accurately, we must examine the exact wording of the legislation. Section 2(n) of the PoSH Act, 2013, defines "sexual harassment" by listing unwelcome acts or behavior (whether directly or by implication).

Crucially, the statutory text of the PoSH Act does not explicitly restrict the gender of the respondent. The law focuses on the nature of the unwelcome behavior rather than the biological sex or gender identity of the perpetrator relative to the victim.

• The Protected Class: The PoSH Act specifically protects women (employees, interns, clients, or visitors) against workplace sexual harassment.
• The Perpetrator: The legislation uses gender-neutral or broad terminology in defining who can be a respondent, meaning the perpetrator can theoretically be of any gender, including a female colleague, supervisor, or management representative.

Can a Woman Harass Another Woman? Examining the Reality

Yes. Legally and behaviorally, same-sex harassment—including female-to-female workplace harassment—is entirely possible and recognized under broader employment law principles and anti-discrimination frameworks.

Under the PoSH Act, if a female employee subjects another female colleague to unwelcome physical contact, demand for sexual favors, sexually colored remarks, showing pornography, or other unwelcome verbal/non-verbal conduct of a sexual nature, it constitutes workplace sexual harassment.

Common Misconceptions to Avoid

1. The "Same-Gender Defense": A common myth is that harassment cannot occur between two women because they share the same gender. The law evaluates the unwelcome nature of the conduct and its impact on the aggrieved woman, not the gender alignment of the parties involved.
2. Dismissing Behavior as "Office Politics": Female-to-female harassment is sometimes wrongly trivialized by managers as mere interpersonal conflict, petty rivalry, or intense office politics. ICs must carefully investigate the underlying elements to separate general professional disputes from sexually targeted or gender-based harassment.

Procedural Implications for the Internal Committee (IC)

Handling a same-sex harassment complaint requires absolute neutrality, strict confidentiality, and acute sensitivity from the Internal Committee. Because these cases often challenge preconceived notions within corporate culture, IC members must adhere strictly to established principles of natural justice.

• Avoiding Bias: The IC must investigate the matter without preconceived biases regarding female behavior or relationships in the workplace.
• Focus on Unwelcome Conduct: The inquiry must strictly center on whether the actions were unwelcome, unsolicited, and met the statutory thresholds defined under Section 2(n) and Section 3 of the PoSH Act.
• Comprehensive Documentation: Every statement, piece of electronic evidence, and witness testimony must be recorded meticulously, ensuring the inquiry report withstands judicial scrutiny if challenged.

Practical Compliance Steps for Employers and HR Leaders

Organizations must update their compliance frameworks to account for diverse harassment scenarios, ensuring that all employees and managers feel safe reporting misconduct, regardless of who the perpetrator is.

• Inclusive PoSH Policies: Ensure that your organization’s internal PoSH policy clearly states that harassment is prohibited regardless of the gender of the respondent.
• Targeted Manager Training: Train supervisors and line managers to recognize subtle, non-traditional forms of workplace harassment, ensuring they do not dismiss complaints simply because the parties involved are of the same gender.
• Regular IC Capacity Building: Conduct specialized workshops for Internal Committee members to handle complex complaints impartially, avoiding stereotypical assumptions during hearings.

Case Name: Malabika Bhattacharjee v. Vivekananda College & Ors.

Court: High Court of Calcutta

Citation: 2021 SCC OnLine Cal 2775

Frequently Asked Questions

1. Does the PoSH Act protect male employees from sexual harassment?

No. The PoSH Act, 2013, in its current legislative form, is specifically enacted for the protection of women employees. For male or non-binary employees, grievances are typically handled under general corporate codes of conduct, service rules, or the Bharatiya Nyaya Sanhita (BNS).

2. How should an IC handle a complaint where both parties are women?

The IC must follow the exact statutory inquiry process mandated by the PoSH Act—maintaining strict confidentiality, providing a fair opportunity for both parties to present their case, examining witnesses, and submitting a detailed inquiry report within the stipulated timelines.

3. Can a female manager be held liable for creating a hostile work environment for a female subordinate?

Yes. If a female manager engages in unwelcome sexually colored remarks, quid pro quo demands, or creates a hostile work environment based on sex, she can be held directly liable under the organization's PoSH policy and service rules.

Strengthen Your Workplace Compliance Framework:

Navigating complex grievance dynamics requires a robust policy, a well-trained Internal Committee, and an uncompromised commitment to workplace safety. Whether you need an external member for your IC, comprehensive employee awareness training, or a thorough policy audit, expert guidance ensures your organization stays fully compliant.

• Email: info@poshaw.in
• Phone: +91 9773831359 / +91 9999415757
• Website: https://poshaw.in/