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Sexual Harassment at the Workplace in India: An Evaluation of the Legal Framework under the Posh Act, 2013
Subject area: Arts, Social Sciences and Humanities · Area of research: Legal
DOI: https://doi.org/10.64388/IREV9I8-1714401
Abstract
It is a persistent social evil that significantly impacts women and constitutes a major violation of their fundamental rights to employment, dignity, equality, and a life free from fear. It was the landmark Vishakha case that served as the impetus for the passage of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This act mandates that all workplaces must provide a safe and harassment-free environment for women, as well as establish effective grievance redressal mechanisms on their own. On the other hand, in spite of the lawmakers' intentions, the Act has not produced the effects that were anticipated. There are a considerable number of incidents that are not reported, cases that are reported frequently do not undergo investigation, and there is widespread non-compliance with the terms of the Act, which is aggravated by a general lack of understanding. In this article, a critical analysis of the Act's most important features and inadequacies is presented. Additionally, the research takes a look at the development of workplace sexual harassment doctrine in India and discusses recent court declarations that have shaped its interpretation. In it, the concrete effects of harassment in the workplace on women are investigated, the steps made by the government to counteract it are evaluated, and the discriminatory nature of the Act with regard to other genders is brought to light. The report finishes with proposals for a strong legal framework, and it emphasizes the urgent need for gender-neutral changes that are inclusive. These reforms are necessary to guarantee that all persons, regardless of their gender identification, are afforded fair protection.
Keywords
Gender Neutrality, POSH, Sexual Harassment and Workplace.
How to cite this paper
@article{1714401,
author = {Arti, Manish Kumar Attry},
title = {Sexual Harassment at the Workplace in India: An Evaluation of the Legal Framework under the Posh Act, 2013},
journal = {Iconic Research And Engineering Journals},
year = {2026},
volume = {9},
number = {8},
pages = {1041-1045},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1714401.pdf},
abstract = {It is a persistent social evil that significantly impacts women and constitutes a major violation of their fundamental rights to employment, dignity, equality, and a life free from fear. It was the landmark Vishakha case that served as the impetus for the passage of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This act mandates that all workplaces must provide a safe and harassment-free environment for women, as well as establish effective grievance redressal mechanisms on their own. On the other hand, in spite of the lawmakers' intentions, the Act has not produced the effects that were anticipated. There are a considerable number of incidents that are not reported, cases that are reported frequently do not undergo investigation, and there is widespread non-compliance with the terms of the Act, which is aggravated by a general lack of understanding. In this article, a critical analysis of the Act's most important features and inadequacies is presented. Additionally, the research takes a look at the development of workplace sexual harassment doctrine in India and discusses recent court declarations that have shaped its interpretation. In it, the concrete effects of harassment in the workplace on women are investigated, the steps made by the government to counteract it are evaluated, and the discriminatory nature of the Act with regard to other genders is brought to light. The report finishes with proposals for a strong legal framework, and it emphasizes the urgent need for gender-neutral changes that are inclusive. These reforms are necessary to guarantee that all persons, regardless of their gender identification, are afforded fair protection.},
keywords = {Gender Neutrality, POSH, Sexual Harassment and Workplace.},
month = {February},
doi = {https://doi.org/10.64388/IREV9I8-1714401}
}