Inclusive yet selective! Protection from Sexual Harassment at the Workplace

Abstract

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) is celebrated as a muchawaited legislation towards India’s international commitments and constitutional guarantees, ensuring gender equality and right to work with human dignity for women. The legislation was steered by the Supreme Court through its guidelines in the Vishakha v. State of Rajasthan to effectively check the evil of sexual harassment at the workplace for the working women. Over the years, different high courts across the country had pronounced judgments explaining and developing on the understanding of the provisions of the statute. In the recent judgment given by the Calcutta High Court in the case of Malabika Bhattacharjee v. ICC, Vivekananda College Justice Sabyasachi Battacharyya, clarified that the sexual harassment complaints against another individual of the same gender is maintainable under the act.