Submitted by Aasavari Yogesh Velankar
Abstract
The Prevention of Sexual Harassment (PoSH) Act, 2013, represents a landmark in India’s legal and social framework to safeguard women from workplace harassment. Originating from the Supreme Court’s Vishaka judgment of 1997, the Act provides a legal mechanism to ensure safety, dignity, and equality for women in professional spaces. This paper reviews the Act’s objectives and provisions, identifies its practical challenges, and evaluates its overall societal and institutional impact. While the Act has brought visibility and accountability, gaps remain in implementation, inclusivity, and awareness. The discussion concludes with recommendations for more effective enforcement and greater sensitivity in workplace culture.
1. Introduction
Sexual harassment at the workplace has been a serious but often unspoken issue in India for decades. Women across professional and informal sectors have faced discrimination, intimidation, and exploitation without an adequate legal framework to protect them. The turning point came in 1997 with the Supreme Court’s landmark judgment in Vishaka v. State of Rajasthan, which laid down guidelines to prevent and address sexual harassment at work. These guidelines later became the foundation of the PoSH Act, formally enacted in December 2013.
The Act recognizes sexual harassment as a violation of a woman’s right to equality and personal dignity under Articles 14, 15, and 21 of the Indian Constitution. It extends protection to all women, whether employed directly, indirectly, or working voluntarily, across organized and unorganized sectors. Over the years, the Act has generated awareness and accountability but also revealed areas needing reform, especially in terms of inclusivity and effective enforcement.
2. Review of the PoSH Act
The PoSH Act, 2013, defines sexual harassment broadly to include unwelcome physical contact, sexually coloured remarks, showing pornography, or any other conduct of a sexual nature. Its most notable feature is the establishment of the Internal Complaints Committee (ICC) in every organization with ten or more employees. This committee is responsible for receiving, investigating, and resolving complaints in a confidential and timely manner. For smaller establishments and the unorganized sector, a Local Complaints Committee (LCC) is set up at the district level to ensure accessibility for all women.
The Act places strong emphasis on prevention and awareness. Employers are required to conduct training programs, display posters about the law, and promote a zero-tolerance culture towards harassment. Non-compliance can lead to financial penalties or cancellation of business licenses. Another significant provision is the confidentiality clause, which ensures the privacy of complainants and prevents victim-blaming.
The Act’s preventive, protective, and punitive structure aligns with international labour standards, making it one of the more comprehensive frameworks in Asia. However, successful implementation depends largely on organizational will and public awareness, which vary across sectors.
3. Limitations of the PoSH Act
Despite being a progressive law, several shortcomings restrict its full potential. One of the primary criticisms is its gender-specific nature. The Act protects only women, leaving men and individuals of other gender identities without legal recourse under this framework. In a changing workplace where inclusivity and equality are central, this limitation needs urgent attention.
Another issue relates to the independence and functioning of ICCs. In many cases, committee members are junior to the alleged harasser or part of the same reporting chain, raising doubts about impartiality. Smaller organizations often create ICCs only to meet compliance requirements, without proper training or understanding of their responsibilities.
Under-reporting remains another major concern. Fear of retaliation, job insecurity, and the stigma associated with reporting sexual misconduct discourage many victims from coming forward. In rural areas and informal employment sectors, awareness about the Act is extremely low. Moreover, the absence of a centralized monitoring mechanism limits the government’s ability to assess how effectively the law is being implemented nationwide.
4. Impact Assessment
In the decade since its enactment, the PoSH Act has had a noticeable impact on workplace policies and gender awareness in India. Most medium and large organizations now have internal committees and conduct sensitization workshops. The Act has encouraged open discussions about gender dynamics and respect at work, breaking years of silence around sexual harassment.
The #MeToo movement in India (2018) further amplified the Act’s visibility, leading to a surge in complaints and stronger accountability. Many companies updated their policies to align more closely with the law, and several institutions initiated independent reviews of harassment claims. Government departments and educational institutions also became more cautious and proactive.
However, the impact remains uneven. Large corporations in urban areas have shown measurable progress, while smaller enterprises and informal workplaces lag behind. Cultural taboos, social stigma, and lack of trust in internal mechanisms continue to affect reporting. Overall, while the Act has strengthened awareness and institutional responsibility, it still requires stronger monitoring and broader gender inclusion to realize its full intent.
5. Conclusion
The Prevention of Sexual Harassment Act, 2013, remains a cornerstone of India’s efforts to create safe and equitable workplaces for women. It has succeeded in mainstreaming the conversation on gender rights and ensuring legal accountability for misconduct. However, challenges such as gender exclusivity, limited awareness, and inconsistent implementation continue to undermine its effectiveness.
To strengthen the Act’s impact, regular training programs, independent audits of ICCs, digital awareness campaigns, and gender-neutral amendments are essential. Ultimately, true success lies not only in compliance but in cultivating a workplace culture built on respect, safety, and equality for all.
References
1. Ministry of Women and Child Development. (2015). *Handbook on Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.* Government of India.
2. Vishaka v. State of Rajasthan, (1997) 6 SCC 241.
3. Bhattacharya, R. (2018). *Evaluating the Effectiveness of PoSH Act in India.* Indian Journal of Gender Studies, 25(3), 321–339.
4. Ministry of Labour and Employment. (2021). *Annual Report on Implementation of the PoSH Act.* Government of India.
5. Times of India. (2018). *#MeToo Movement in India: Impact and Institutional Response.*
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