IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 26.09.2025 Pronounced on: 19.12.2025 Uploaded on: 19.12.2025 MRIDU CHAUHAN -PETITIONER V/S STATE BANK OF INDIA AND OTHERS -RESPONDENTS CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Anil Rana, Advocate, for Mr. Puneet Gupta, Advocate, for the petitioner.

Ms./Mrs. Madhu Dayal, Advocate, for the respondents.

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KULDEEP TIWARI, J.

1. With a view to protect women against sexual harassment at the workplace, ensuring their right to work with dignity, and giving statutory effect to the guidelines laid down by the Hon’ble Supreme Court in “Vishaka v. State of Rajasthan”⁽¹⁾, Parliament enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the “POSH Act”). The primary objective of the POSH Act is to prevent and prohibit all forms of sexual harassment of women at the workplace by fostering a safe, secure, and dignified working environment in both the public and private sectors. The enactment seeks to uphold and protect the fundamental rights of women (1) 1997(6) SCC 241 guaranteed under Articles 14, 15, 19(1)(g) and 21 of the Constitution of India, namely, the right to equality, non-discrimination, the right to practise any profession, and the right to life with dignity. The POSH Act casts a statutory obligation upon employers to provide a safe working environment, formulate and implement an anti-sexual harassment policy, and establish an internal redressal mechanism by constituting an Internal Complaints Committee (hereinafter referred to as the “I.C.C.”). Section 19 of the POSH Act, the relevant portion whereof is extracted hereinafter, enumerates the duties of the employer, including, inter alia, the obligation to provide a safe working environment at the workplace.

“19. Duties of employer.— Every employer shall—

(a) provide a safe working environment at the workplace with shall include safety from the persons coming into contact at the workplace;

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2. In order to discharge the statutory obligation, the respondent- State Bank of India (hereinafter referred to as the “Bank”) has adopted a policy titled “GARIMA”. The policy defines an “aggrieved woman” as a woman of any age, whether employed or not, who alleges having been subjected to any act of sexual harassment at the workplace. As per the scope of the Policy, sexual harassment encompasses any unwelcome acts or behaviour (whether directly or by implication), as specified therein, including, inter alia, persistent watching, following, or contacting of a person, as well as any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. The relevant portion of the Scope of the policy is reproduced hereinbelow:-

“SCOPE:

Sexual Harassment includes any one or more of the following unwelcome acts or behaviour (whether directly or by implication)

namely i. Physical contact and advances; or ii. Demand or request for sexual favours; or iii. Sexually coloured remarks or remarks of a sexual nature about a person's clothing or body; or iv. Showing pornography, making or posting sexual pranks, sexual teasing, sexual jokes, sexually demeaning or offensive pictures, cartoons or other materials through email, SMS, MMS etc.; or v. Repeatedly asking to socialize during off-duty hours or continued expressions of sexual interest against a person’s wishes; or vi. Persistent watching, following, contacting of a person; or vii. Any other unwelcome physical, verbal, or non-verbal conduct of sexual nature.

OTHER PROVISIONS OF SEXUAL HARASSMENT:

No woman shall be subjected to sexual harassment at any Workplace. Apart from the above-mentioned acts of Sexual Harassment, the following circumstances, if occur or present in relation to or connected with the above act or behaviour of sexual harassment may tantamount to sexual harassment:

i. Implied or explicit promise of preferential treatment in employment; or ii. Implied or explicit threat of detrimental