The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and
Redressal) Act, 2013, widely known as the POSH Act, was introduced in India to
combat sexual harassment in workplaces and to establish effective grievance
mechanisms. This act is significant as it is India's first dedicated legal
framework aimed at safeguarding women from such misconduct, and it stands out
globally for its focus on female employees' rights. However, the POSH Act has
certain restrictions, including prohibiting anonymous complaints and disallowing
women from filing complaints against other women for sexual misconduct.
Furthermore, only women can file complaints, as males and transgender
individuals are excluded. Despite its well-meaning objectives, the Act
encounters substantial implementation challenges due to inadequate education of
employers and employees, as well as insufficient training for Internal
Complaints Committee (ICC) members, resulting in violations of Section 19. This
paper critically examines the POSH Act, addressing its limitations and proposing
reforms to enhance its practical application and effectiveness in protecting
women from workplace harassment.
Introduction:
Workplace sexual harassment profoundly affects women's dignity, safety, and
career growth, leading to the introduction of the POSH Act, 2013, inspired by
the Vishaka Guidelines from the Supreme Court of India in 1997. These guidelines
emerged from a gang rape case involving Bhanwari Devi, a Dalit employee from the
Rajasthan Social Welfare Department. The Act aims to protect women from sexual
harassment, ensure necessary safeguards, and provide a framework for addressing
complaints involving inappropriate behaviours, which can be direct, indirect, or
subtle, including both verbal and physical actions.
Section 16 of the POSH Act restricts the use of the Right to Information Act,
2005 for accessing information related to workplace sexual harassment cases,
limiting it to the complainant and respondent unless shared by the Internal
Complaints Committee. While the Act has been operational for over a decade, its
effectiveness remains under scrutiny due to inherent flaws and implementation
challenges. This article emphasizes the need for reassessment and enhancement of
the Act to create a genuinely safe working environment for women, as its
provisions only apply to female employees, excluding men and individuals of
other genders.
Consequences of False Complaint:
Section 14 of the Prevention of Sexual Harassment (POSH) Act, along with Rule 10
of the accompanying POSH Rules, outlines the consequences for individuals who
engage in the submission of false or malicious complaints. This provision
applies not only to the complainant but also extends to any party involved in
orchestrating a conspiracy aimed at filing such deceptive complaints.
Additionally, it includes those who present fabricated or misleading documents
or evidence in support of these complaints. By laying down strict penalties for
such actions, the legislation aims to dissuade individuals from misusing the
grievance mechanism, thereby ensuring that the system remains focused on
addressing genuine cases of sexual harassment and protecting the rights of
victims. This emphasizes the importance of integrity and accountability
throughout the complaint process.
Court Judgments:
- The complaints committee, as outlined by the Supreme Court in its 1997 judgment in Vishaka's case (1997 (6) SCC 241 at 253), will be recognized as an inquiry authority under the Central Civil Services (Conduct) Rules, 1964. Consequently, the report generated by the complaints committee will be considered an inquiry report in accordance with the CCS rules. Following this, the disciplinary authority will take action based on the report in compliance with the established regulations. This was affirmed in the case of Medha Kotwal Lele & Ors. v. Union of India & Ors., WP(C) No. 173-177 of 1999, which was decided on April 26, 2004, with the Court also emphasizing the shortcomings in the application of the Vishaka Guidelines and instructed both state and central governments to guarantee adherence. The Court also noted the necessity for prompt establishment of complaint committees within workplaces.
- In a writ petition contesting the dismissal of an Assistant Professor at Maulana Azad National Institute of Technology (NIT), Bhopal, arising from allegations of sexual harassment by students, a single-judge bench led by Justice Sanjay Dwivedi of the Madhya Pradesh High Court found the internal inquiry to be procedurally flawed and in violation of natural justice. As a result, the court annulled the suspension orders and subsequent disciplinary measures taken against the professor.
- On February 25, 2020, the Supreme Court of India, in a judgment delivered by a bench led by Justice Chandrachud and Justice Rastogi, dismissed Civil Appeal No. 1809/2020 involving Punjab and Sindh Bank and Others v. Durgesh Kuwar. The Court asserted that sexual harassment of a woman in the workplace constitutes a violation of her fundamental rights to equality and to live with dignity.
- In the matter of Dr. Punita K. Sodhi v. Union of India (W.P. (C) 367/2009 & CMS 828, 11426/2009), the Supreme Court emphasized the need for a thorough examination of the perspectives of both men and women in such cases. What a man may perceive as harmless comments could be viewed as inappropriate or lewd from a woman's standpoint.
- In a landmark decision regarding Aureliano Fernandes v. State of Goa and Others, the Supreme Court has underscored numerous shortcomings in the application of the POSH Act. The Court has issued a series of guidelines in this case, instructing both State and non-State entities—such as educational institutions, private hospitals, and nursing homes—to rigorously enforce the POSH Act. This enforcement is vital to uphold the best interests of all working women and to fulfil the noble purpose for which the POSH Act was enacted.
- The Bombay High Court determined that it would refrain from intervening in the disciplinary action taken by the Internal Complaints Committee concerning a sexual harassment allegation, unless the ruling was deemed excessively disproportionate. This decision was made in the case of Vidya Akhave (the "Petitioner") v. Union of India and Others.
- In Saurabh Kumar Mallick v. Comptroller & Auditor General of India, the respondent claimed that sexual harassment allegations were invalid since the misconduct occurred at an official mess rather than a workplace. The Delhi High Court deemed this argument misguided, affirming that the official mess qualifies as a workplace.
- In the case of Anjali Kumari v. Yamuna Kumar Chaubey, DIR(Tech) NHPC & Others, which was decided in July 2023, it was determined by the Calcutta High Court that an individual who is the subject of a sexual harassment complaint should not be involved in the performance evaluation of the complainant under any circumstances. According to Rule 8(a) of the POSH Rules, 2013, the Internal Complaints Committee (ICC) has the explicit authority to recommend that the respondent be prohibited from assessing the work performance or preparing the confidential report of the aggrieved woman.
- In the ruling of P. V. Union of India and Others delivered in February 2023, the Delhi High Court determined that an institution cannot evade responsibility for prolonging sensitive sexual harassment complaints. The court mandated a penalty of Rs one lakh, emphasizing that the resolution of such complaints must be handled with the highest level of seriousness. Additionally, it specified that the investigation should be conducted by a properly formed Internal Complaints Committee (ICC) and must be thorough in all respects.
- In the case of CA Nitesh Parashar v. Institute of Chartered Accountants of India (ICAI) & Ors., which was adjudicated by the Delhi High Court in January 2023, it was determined that inquiry proceedings in sexual harassment complaints cannot be annulled solely on the grounds that the Internal Complaints Committee (ICC) did not finish the inquiry within the 90-day timeframe stipulated in Section 11(4) of the POSH Act.
- In the case of Ashok Kumar Singh v. University of Delhi, decided in February 2017, the Delhi High Court determined that the Internal Complaints Committee (ICC) established under the POSH Act must reach a clear conclusion about the culpability of the individual involved, as stipulated by Section 13(3) of the POSH Act. Additionally, the respondent should have the opportunity to present evidence in support of their defence.
- The Delhi High Court, in its ruling on the case of Johney Reberio v. Union of India & Ors. in October 2022, determined that an individual undergoing a sexual harassment inquiry cannot have legal representation or a next friend present before the Internal Complaints Committee (ICC), as this would be unfair to the complainant. The Court cited Rule 7(6) of the POSH Rules.
- In the case of DB Corp Ltd v. Shailja Naqvi & Ors., the Delhi High Court ruled in July 2022 that a victim's delay in filing an appeal against the inquiry report under the POSH Act can be excused if the delay is sufficiently justified. The Court stated that Section 5 of the Limitation Act, which allows for the extension of the prescribed period in specific cases, would be applicable to appeals that can be filed under Section 18 of the POSH Act.
- In December 2021, the Madras High Court addressed the case of Sushma Alaguvadival v. UOI and Others, emphasizing the obligation of the administration to resolve complaints as swiftly as possible.
Literature Review:
Internal Complaints Committees (ICCs) frequently comprise members from within
the organization, creating possible conflicts of interest. Kothari and Pandey
(2019) noted that ICCs may be reluctant to take action against powerful
employees, especially those in senior positions. This inherent flaw in the
structure can result in biased outcomes that prioritize the organization's
interests over those of the victim.
Sinha (2018) pointed out that members of the Internal Complaints Committees (ICCs)
often do not receive sufficient training in managing cases with the necessary
sensitivity and legality. This lack of expertise can lead to improper handling
of evidence or inadequate redress, which in turn erodes the complainants' trust
in the system.
The fear of retaliation increases when ICCs seem to prioritize the interests of
the organization over those of the complainant. Victims may be concerned about
potential professional repercussions or damage to their reputation if their
cases are not handled correctly.
Local Committees, intended to address grievances in workplaces with fewer than
ten employees, frequently operate ineffectively or lack necessary resources (Chatterjee,
2020). These committees suffer from insufficient funding, expertise, and staff
to manage complaints properly.
Numerous victims, especially those in rural or informal employment settings, are
often unaware of the presence or function of Local Committees. Chandra (2020)
highlighted that this issue is exacerbated by the government's inadequate
awareness initiatives.
Workplace harassment is closely linked to patriarchal attitudes that belittle
women's experiences. Banerjee (2021) pointed out that sexist actions, often
downplayed as "harmless jokes," contribute to a toxic work atmosphere. The act
of reporting harassment tends to be seen as an overreaction, which further
dissuades victims from speaking out.
In conservative environments, women are often expected to remain silent to
safeguard family or organizational reputations, thereby perpetuating a culture
of silence (Nair, 2021).
Women who report harassment frequently encounter scrutiny regarding their
behaviour, clothing, or interactions, causing the focus to shift from the
perpetrator to the victim. As Banerjee (2021) noted, this dynamic discourages
many from lodging complaints due to fears of social ostracism or being labelled
as troublemakers.
Experienced employees or prominent individuals facing harassment accusations may
manipulate the process by intimidating those who lodge complaints or swaying ICC
members. Thomas and Menon (2019) pointed out instances where these dynamics
resulted in prejudiced decisions, depriving victims of justice.
Challenges Confronting the POSH Act, 2013:
Organizations with fewer than ten employees are not mandated to set up Internal
Complaints Committees (ICCs), leaving workers in these environments without
formal avenues for addressing grievances. This absence of ICCs can hinder
employees' ability to seek redress and perpetuates a culture where complaints
remain unaddressed. Additionally, while Section 19(b) of the POSH Act requires
that penalties for sexual harassment and details of ICCs be displayed
prominently, many workplaces fail to comply, and educational initiatives
regarding the Act are infrequent.
Although the POSH Act was specifically designed to safeguard women's rights in
the workplace, its application within educational institutions can often create
confusion, particularly when it is enforced under a gender-neutral policy. This
can lead to misunderstandings among the public regarding the Act's intended
purpose and scope. Complainants often struggle to identify the appropriate
member of the Internal Complaints Committee (ICC) to approach, as complaints
must be submitted to the committee as a whole instead of directly to the
chairperson or another designated individual.
The prohibition on submitting anonymous complaints under whistleblower policies
amplifies fears of possible retaliation and the social stigma encountered by
those who report issues. The absence of a designated officer in many districts,
as well as a central coordinating agency at the state and national levels-both
crucial for the successful enforcement of the Act-poses a considerable obstacle
to adequately supporting and protecting those impacted. Further, the POSH Act
does not clarify whether the ICC can hold a meeting to address administrative
matters without the submission of a formal complaint, nor does it indicate if
compensation can be provided to an external member in that scenario.
There is a notable lack of structured enforcement mechanisms, with no particular
authority overseeing compliance or penalizing violations adequately. The
potential penalties for breaching the POSH Act, reaching up to Rs 50,000, may
not be considered significant enough for organizations to take the Act
seriously. This, coupled with insufficient training for ICC members and
inconsistent legal interpretations of the Act, creates an environment where
victims of harassment, particularly in small businesses and informal sectors,
are often unaware of their rights and feel unsupported.
The unpredictability in handling complaints is further exacerbated by cultural
attitudes that downplay the seriousness of workplace harassment, putting victims
at risk of being blamed. The Act's focus on individual cases neglects systemic
issues like workplace culture and power imbalances, and Local Committees
designed to address concerns in smaller establishments often lack the necessary
resources and expertise. Moreover, the broad definition of sexual harassment can
lead to varied interpretations, complicating efforts to establish a consistent
and effective resolution process for victims.
Societal norms often minimize the seriousness of harassment, making it
challenging for women to share their experiences without facing criticism or
dismissal. Additionally, the limited definition of "workplace" in the POSH Act
excludes informal, freelance, and gig workers, leaving many women unprotected.
Internal conflicts within Internal Complaints Committees (ICCs) can arise,
particularly when high-profile individuals are involved, and varying procedures
among ICCs can lead to inconsistent outcomes, diminishing trust in the complaint
resolution process.
Moreover, breaches of confidentiality can expose both victims and alleged
perpetrators, increasing hostility towards those who report harassment. Concerns
over the fairness of ICC processes and fears of stigma contribute to significant
underreporting of workplace harassment. Local Committees in smaller workplaces
often lack adequate funding and motivation to meet their legal obligations. Many
employers disregard their responsibilities to set up ICCs, conduct awareness and
training programmes, and submit necessary compliance reports, and there is
ambiguity regarding whether the same external member can serve on multiple
committees.
Numerous offices and organizations have not provided notifications, and many
employers are unaware of who the appellate authority is in cases related to POSH
Act. Further, it doesn't make sense to require the complainant to provide six
copies of the complaint and supporting documents, as outlined in Rule 7 of the
POSH Rules, 2013, when only one copy should be sufficient for the Internal
Complaint Committee. It remains uncertain whether a meeting involving three
members, including the Presiding Officer/Chairperson, can be legally conducted
without the presence of the external member. The POSH Act also does not specify
which member of the ICC will document the statements of the respondent or
complainant, nor does it clarify if assistance from a stenographer or computer
operator can be utilized for this purpose.
Lastly, the POSH Act does not specify the procedure for extending the deadline
for submitting any report or response by the ICC, complainant, or respondent and
there are no guidelines to incorporate the POSH Act, 2013 into the training
syllabus at various police training colleges. There is also no provision for the
development of resource personnel to train employees, employers and ICC members
in the execution of the Act. Neither is there any allowance for disregarding any
accidental physical contact by a male employee with a female employee or for
making unintended comments based on the assumption that no female employees are
present.
International Perspective:
India stands out as one of the few nations worldwide to have established laws
specifically addressing sexual harassment in the workplace, focusing on the
protection of women employees. According to reports from organizations like UN
Women, the International Labour Organization (ILO), and the World Bank's Women,
Business and the Law project, approximately 140 countries have adopted similar
legislation. Yet, around 50 countries lack dedicated laws or have inadequate
protections in place, highlighting a global inconsistency in safeguarding
employees.
The POSH Act primarily addresses individual complaints, failing to tackle the
more pervasive issue of systemic discrimination within workplaces. In contrast,
international frameworks often include external oversight bodies responsible for
monitoring compliance and handling appeals, reducing potential conflicts of
interest inherent in internal processes. This difference underscores the
limitations of the POSH Act in confronting the underlying patterns of
discrimination that can persist in various work environments.
A comparative examination of global legislation reveals notable shortcomings in
the POSH Act, particularly when contrasted with countries like Canada and
Sweden, which adopt a more comprehensive approach to workplace harassment. These
frameworks acknowledge and seek to mitigate systemic issues such as gender
discrimination while holding employers accountable to prevent harassment.
Canada utilizes its Occupational Health and Safety Act to employ a multifaceted
strategy that extends beyond sexual harassment, addressing broader issues like
gender discrimination and workplace bullying. It mandates employers to foster a
safe working environment through mandatory training and compliance audits,
reinforcing employers' responsibility towards employee safety.
Sweden similarly emphasizes preventative measures, requiring organizations to
report harassment incidents to external authorities, which enhances transparency
and accountability. This legal framework not only attends to the immediacy of
harassment but also provides rehabilitation and counselling for victims,
fostering an environment that empowers individuals to report incidents without
fear of retaliation. By integrating these elements, Sweden establishes a robust
support system for victims, prioritizing their emotional and psychological
well-being.
Recommendations for Enhancing the POSH Act, 2013:
- Inclusion of Informal Sector Workers: To foster a comprehensive safety net for women in the workforce, it is imperative to extend the provisions of the POSH Act to encompass workers in the informal sector. This includes categories such as domestic help, agricultural labourers, and daily wage earners. By doing so, we ensure that all women, regardless of their work circumstances, have access to secure workplaces and proper protection against harassment.
- Strengthen Local Committees (LCs): Local Committees play a pivotal role in addressing harassment in unorganized sectors. Therefore, it is crucial to enhance their training, provide adequate funding, and bolster their operational capacity. This will empower them to tackle cases more effectively. Furthermore, conducting regular audits of these committees will ensure accountability and transparency in their operations.
- Simplify Complaint Procedures: The process for registering complaints should be made simpler and more accessible to encourage victims to come forward. Introducing options for anonymous submissions and implementing whistleblower mechanisms can significantly alleviate the fear of retaliation, thus fostering an environment where victims feel safe and supported.
- Enhanced Awareness Campaigns: Regular awareness initiatives should be mandated within workplaces to educate employees about the nature of sexual harassment, their rights, and the operational procedures of Internal Committees (ICs) and Local Committees (LCs). This kind of proactive communication will empower individuals to recognize harassment and understand the channels available for reporting it.
- Intersectional Provisions: To ensure that the POSH Act is truly inclusive, specific guidelines must be developed to effectively address the unique challenges faced by marginalized groups. This includes LGBTQ+ individuals and women from minority or caste-oppressed communities. Such measures will foster a more equitable and sensitive approach to workplace safety.
- Mandatory IC Training: It is essential to enforce comprehensive and ongoing training programs for Internal Committee members. Training should emphasize the importance of empathy, the conduct of unbiased investigations, and the maintenance of confidentiality. This commitment will ensure that cases are handled with the seriousness and respect they deserve.
- Clearer Remote Work Guidelines: With the shift towards remote work environments, the Act must be revised to address the specific challenges that arise in these settings. Traditional office-based IC mechanisms may not suffice in virtual environments, and clear guidelines should be established to manage grievances effectively.
- Penalty for Non-Compliance: Stricter penalties should be imposed on organizations that neglect to establish Internal Committees or fail to submit mandatory annual reports detailing complaints and their resolutions. This measure will significantly enhance accountability among businesses regarding compliance with the Act.
- Support Systems for Victims: It is vital to develop accessible support systems for victims of harassment. This includes the establishment of counselling services and legal aid to allow victims to seek assistance without financial or psychological burdens during the complaint process.
- Anonymous Feedback Systems: Organizations should be encouraged to implement anonymous feedback mechanisms. This allows employees to safely report unsafe practices or work environments without the fear of being identified or facing backlash.
- Periodic Policy Updates: In order to keep the POSH Act relevant and responsive to changing workplace dynamics and advancements in technology, provisions for periodic reviews of the Act should be included. This will help in adapting the legislation to evolving circumstances and ensure its effectiveness.
- Public Database of Compliance: The establishment of a public database listing companies that comply with the POSH Act can promote transparency and accountability. This initiative would serve as an incentive for organizations to adhere to the regulations and handle complaints responsibly.
- Incorporate Digital Harassment: To ensure a comprehensive legal framework, the definition of harassment in the POSH Act should be expanded to include incidents of digital misconduct, such as inappropriate emails, cyberstalking, and other forms of online harassment. This expansion reflects the realities of modern workplaces.
- Promote Male Advocacy: Encouraging male employees to engage in awareness programs is crucial for fostering a collaborative culture that actively combats workplace harassment. Promoting male advocacy can lead to a more inclusive and supportive environment in addressing such issues.
- Third-Party Oversight: Allowing for external audits of the functioning of Internal Committees can help ensure that the process is impartial and effective in resolving cases. Third-party oversight will also build trust in the system among employees.
- Stronger Penalties for Retaliation: To safeguard the rights of complainants, strict penalties should be enforced against any form of retaliation. This will create a safer environment where individuals feel empowered to report incidents of harassment without fear of negative repercussions.
- Focus on Rehabilitation: Introducing rehabilitation programs aimed at offenders can play a significant role in promoting behavioural reform. Such initiatives will contribute to creating a culture of accountability and personal growth, rather than merely punitive measures.
- IC Independence: To maintain the integrity of Internal Committees, it is essential to ensure that members are free from organizational pressures. This can be achieved by mandating the inclusion of an external member who has expertise in handling harassment cases. Their presence will help ensure impartial decision-making.
- Data Transparency and Analysis: To better inform policymakers, it is crucial that anonymized data on complaints, resolutions, and trends be published. This transparency will facilitate a deeper understanding of systemic issues and guide effective policy interventions.
- Create Centralized Oversight: Establishing a centralized regulatory body will help ensure uniform implementation of the POSH Act across organizations. This body can also serve as a mechanism for addressing grievances related to procedural lapses, preventing inconsistencies in the execution of the Act.
- Broadening the Definition of "Workplace": It is imperative to redefine the term "workplace" to encompass not only traditional employment settings but also informal sectors such as domestic work, agriculture, and small-scale industries, gig economy participants, and freelancers. This expanded definition will ensure that individuals in these diverse working arrangements are recognized and protected under the Act, enabling a more inclusive approach to workplace rights and responsibilities.
- Enhancing the Capacity of Internal Complaints Committees (ICCs): To fortify the effectiveness of Internal Complaints Committees, it is essential to implement mandatory training programs for all ICC members. These training sessions should focus on sensitizing members about gender issues and the nuances of sexual harassment. Additionally, including external experts who possess specialized knowledge in gender sensitivity will help maintain objectivity and ensure that investigations are conducted fairly and without bias.
- Promoting Awareness and Sensitization Initiatives: Employers have a critical role to play in fostering a workplace culture that prioritizes gender sensitivity and combats harassment. To achieve this, it is recommended that organizations host regular workshops aimed at educating employees about gender issues and their rights under the Act. Such initiatives will not only empower employees but also create an environment where accountability and mutual respect are the standard.
- Establishing Robust Confidentiality and Protection Mechanisms: It is vital to implement strong protective measures that safeguard individuals who raise complaints from any form of retaliation. This includes ensuring that their identities are kept confidential during the investigative process. By fostering an environment of trust and safety, individuals will feel more secure in reporting incidents without fear of negative repercussions.
- Establishing a Centralized Monitoring and Compliance Body: To guarantee the effective implementation of the Act, there should be a dedicated central regulatory authority responsible for oversight. This body would monitor compliance across various sectors, ensure that employers adhere to legal standards, and impose penalties on those who fail to comply. This proactive approach will help maintain accountability and drive continuous improvement in workplace practices.
- Addressing Underlying Systemic Issues of Gender Discrimination: The Act should not only address specific instances of harassment but also tackle the broader, systemic issues of gender discrimination that persist in many workplaces. By incorporating provisions that address these foundational problems, the legislation can work towards creating a more equitable work environment where all individuals are treated with respect and fairness, irrespective of their gender.
- Update for Remote Working Arrangements: An update to the Act is required to explicitly address the remote working arrangement and the concept of working from home.
- Relevance for Higher Judiciary: Given the ongoing discussion about the relevance of the POSH Act for employees and judges of the Supreme Court of India, it's essential to amend the Act to encompass the higher judiciary. This amendment should clarify that the respondent will neither be a member of the committee nor will participate in any appeals related to this matter.
- Standardized Protocols for ICCs: To enhance the functioning of the ICC, it is essential to establish standardized protocols that include clear timelines, reporting mechanisms, and transparency in rulings. Additionally, implementing technology-based solutions such as mobile apps and helplines can educate workers about their rights and streamline the reporting process. Adequate funding and staffing for local committees, along with oversight mechanisms to monitor their operations, are crucial. Furthermore, ensuring anonymity for complainants during investigations is necessary to prevent retaliation, and introducing penalties for employers or individuals found guilty of victim retaliation would strengthen these measures.
Future Research Direction:
Future research should focus on several key areas to enhance the understanding
and application of the POSH Act. First, it is essential to conduct empirical
studies that assess the implementation and impact of this legislation across
various sectors, with particular attention to informal workplaces where
oversight may be lacking. Additionally, an analysis of international workplace
harassment laws could reveal best practices that could be effectively adapted to
suit the Indian context.
Furthermore, examining the influence of community
programs in challenging traditional patriarchal norms and advancing gender
equality in professional environments is vital. Lastly, exploring alternative redressal mechanisms that emphasize victim support - such as counselling
services, peer support groups, and external mediation - can provide
comprehensive strategies for addressing workplace harassment and fostering a
safer environment for all employees.
Conclusion:
The POSH Act marks a significant step forward in promoting safer workplaces for
women in India; however, its full potential is hampered by deep-rooted
structural and procedural challenges that must be addressed. To truly realize
the goals of the Act, it is essential to engage in comprehensive legislative
reforms, execute organizational changes, and foster a profound cultural shift
toward gender equality across all sectors.
Simply passing the law will not
suffice; there needs to be a robust enforcement mechanism in place along with an
environment that actively supports and protects women's rights and dignity in
professional settings. Developing a strong, inclusive framework that prioritizes
gender equality and enhances workplace safety requires the collaborative efforts
of government bodies, businesses, and local communities. By learning from the
successes of international models and tackling existing shortcomings within our
system, we can aspire to create a work environment where women feel secure,
respected, and empowered, which in turn will contribute to the development of a
more just and equitable society overall.
End Notes:
- Banerjee, P. (2021). A cultural critique of patriarchy and workplace harassment. Journal of Gender Studies, 29(3), 345-360.
- Bhatia, R. (2020). An analysis of the ambiguities in sexual harassment laws in India: The case of the POSH Act. Indian Law Review, 12(4), 567-589.
- Centre for Social Research. (2019). Awareness survey of the POSH Act in Indian workplaces. CSR Publications.
- Chandra, S. (2020). Addressing gaps in the POSH Act within the unorganized sector. Indian Journal of Labour Law, 15(2), 201-215.
- Chatterjee, A. (2020). The obstacles encountered by Local Committees under the POSH Act. Women and Law Journal, 8(1), 78-89.
- Das, K. (2021). A comparative study of workplace harassment laws: Insights from Canada and India. International Labour Journal, 23(5), 432-450.
- Grover, P., & Yadav, S. (2021). The gig economy and sexual harassment legislation: Making a case for inclusivity. Journal of Emerging Labour Markets, 17(2), 123-136.
- Gupta, T. (2020). A critical assessment of confidentiality breaches under the POSH Act. Indian Journal of Gender and Law, 14(3), 156-170.
- Kothari, R., & Pandey, N. (2019). An empirical investigation of the functioning of Internal Complaints Committees (ICCs) in Indian workplaces. Journal of Labour Policy, 22(1), 45-60.
- Mishra, V. (2019). Analysing judicial interpretations of the POSH Act through a case study approach. Indian Law Quarterly, 32(4), 501-520.
- Nair, S. (2021). Legal remedies and shortcomings concerning victim retaliation and reporting under the POSH Act. Women's Studies Quarterly, 27(3), 292-307.
- Rai, P. (2019). A policy perspective on standardizing procedures for Internal Complaints Committees (ICCs). Indian Public Policy Review, 13(2), 89-104.
- Sinha, A. (2018). Exploring gender sensitivity in workplace harassment redressal: An analysis of ICC practices. Journal of Human Rights and Law, 10(4), 98-115.
- Thomas, G., & Menon, R. (2019). A critique of power dynamics in sexual harassment cases and the POSH Act. Indian Journal of Law and Society, 25(1), 67-84.
- Nain, B. (2023). FAQs on the POSH Act. OakBridge.
- Chaturvedi, M. What is sexual harassment and how to conduct inquiry as per service rules. Notion Press.
- Nishith Desai Associates. (2023). Prevention of sexual harassment in the workplace (POSH): Indian legal and HR considerations.
- Rafeeque, D. (2023). Prevention of sexual harassment of women at workplace. Notion Press.
- The POSH Act: A Critical Analysis of Its Limitations and Impact - Md. Imran Wahab, IPS - IJFMR Volume 6, Issue 6, November-December 2024.
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