Gender Justice at Work: Examining the Effectiveness of the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Abstract

Gender equality in India remains an ongoing struggle, with progress made through legal reforms, but significant challenges persist in bridging the gender gap in various aspects of society, including education, employment, and social norms. It encompasses equitable access to resources, opportunities, participation in decision-making processes, and economic engagement. This comprehensive approach extends to the eradication of gender-based injustices, such as sex trafficking, feticide, sexual violence against women during armed conflicts, the gender pay disparity, and other oppressive practices, ultimately striving for global gender parity. In a nation like India, where women are revered as goddesses, the persistent prevalence of harassment, whether within their homes or workplaces, remains a concerning issue. It is true that Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 has its commendable objectives and provides a framework for addressing sexual harassment, it has faced its fair share of critiques. Critics argue that the POSH Act primarily focuses on women as victims and men as perpetrators, which oversimplifies the dynamics of harassment and may not adequately address cases where men face harassment. Additionally, the Act applies only to the formal sector, leaving a vast number of workers in the informal sector without protection. Another criticism is related to the effectiveness of Internal Complaints Committees (ICCs) in workplaces. ICCs are entrusted with the responsibility of addressing complaints, but their composition and functioning vary widely, potentially leading to biased or ineffective outcomes. There are concerns about the POSH Act’s punitive measures, which some argue may inadvertently discourage organizations from creating a safe environment for open dialogue and prevention. In light of the above, this research paper delves into the pertinent provisions enshrined in the POSH Act and critique the same as regards gender discrimination prevention, the enforcement of gender equality, and specifically, the imperative issue of combating sexual harassment within the workplace.