A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, “injury” describes the invasion of any legal right, whereas “harm” describes a loss or detriment in fact that an individual suffers. Torts Laws also provide protection to victims of sexual harassment. A tort is a legal wrong, other than a breach of contract, for which a court can grant a remedy, most commonly in the form of monetary damages and interests. Torts Law encompasses both negligent acts resulting from carelessness or inattention, and intentional acts that cause harm. Sexual harassment is by its nature an intentional act and would justify an intentional tort. The occurrence of sexual harassment at the workplace amounts to negligent acts on the part of the employer.
In addition, the employer can be held liable for failing to provide a safe work environment. Thus Tort Law implicitly covers sexual harassment of women at the workplace and depends upon judicial interpretation and does not act as a deterrent enough to prevent sexual harassment of women at the workplace.
The Hon’ble Supreme court of India has also held that it is the duty of the employer of the person-in-charge to prevent sexual harassment by a third party and take steps for the protection from the same.
